Uzzle v. Allstate Ins.

By Judge Melvin R. Hughes, Jr.

This is a suit for declaratory judgment brought by the plaintiff in an underlying personal injury case. The question presented is whether a self-insurer or a commercial insurer is entitled to a credit for underinsured motorist liability coverage under Va. Code § 38.2-2206.

Plaintiff, Kelan D. Uzzle, is an infant who brought a separate suit by his stepfather and next friend, James R. McDearmon, Jr., for personal injuries arising out of a motor vehicle collision. The defendant in that case is insured by Anthem Casualty Insurance Company (Anthem). Anthem has agreed…