Troup v. Continental Casualty Co.

By Judge Randall G. Johnson

This case is ripe for determination on the parties’ cross motions for summary judgment. At issue is whether mailing to a Virginia resident at a Virginia address a “certificate of insurance” representing coverage under a group policy of accident and sickness insurance is the delivery of an insurance policy in Virginia within the meaning of Va. Code § 38.2-3409. If the answer is yes, plaintiff is entitled to $31,500 for the death of his son. Otherwise, he is not. The court holds that plaintiff is entitled to recover.

The facts are not in dispute. Defendant, Continental…