Trisvan v. Agway Insurance

In this appeal, we construe Code § 38.2-2206 to determine whether, in a single vehicle accident, the uninsured/underinsured motorist (UM/UIM) endorsement of a tortfeasor’s automobile liability insurance policy is to be considered when determining the extent to which the tortfeasor’s motor vehicle is underinsured.

*418The facts are not in dispute. On April 9, 1994, Bernard J. Trisvan, Jr., was a passenger in a car driven by Marcus Wilson Smith. The car overturned, and Trisvan suffered injuries resulting in damages exceeding $125,000. Smith’s vehicle was insured by Integon Indemnity Corporation…