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TRANSPORTATION INS. CO. v. WOMACK

Record No. 112283.

733 S.E.2d 656 (2012)

284 Va. 563

TRANSPORTATION INSURANCE COMPANY v. Sheila WOMACK.

Supreme Court of Virginia.

November 1, 2012.

Attorney(s) appearing for the Case

Robert B. Delano, Jr. , Richmond ( Annemarie DiNardo Cleary ; Kenneth C. Hirtz , Richmond; Sands Anderson ; Law Offices of Roya Palmer Ewing, on briefs), for appellant.

Thomas J. Schilling , Richmond ( Mark M. Esposito ; Schilling & Esposito, on brief), for appellee.

Amicus Curiae: Virginia Association of Defense Attorneys ( John D. Eure ; Johnson, Ayers & Matthews, on brief), Roanoke, in support of appellant.

Present: All the Justices.

Opinion by Justice LEROY F. MILLETTE.

In this appeal we determine that the circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance carrier. Despite the UIM carrier's reliance on the defendant and her liability insurer to mount a defense, the UIM insurance carrier retains its own right to defend in the event that the interests of the UIM insurance carrier and the defendant or...

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