Commonwealth v. Va. Ass'n of Counties Grp. Self Ins. Risk Pool
Supreme Court of Virginia
1Opinion of the Court
OPINION BY JUSTICE D. ARTHUR KELSEY
**137 This appeal involves a dispute between two sources of insurance coverage for claims asserted by a pretrial detainee against guards and nurses at a regional jail. The circuit court held that, as a matter of law, one insurance source provided primary coverage and the other offered only excess coverage. We hold that both provided concurrent primary coverage. We thus reverse and remand for the circuit court to determine the proper contributions of each to the costs of defense and indemnification associated with settlement of the underlying liability suit.
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2Cases cited27 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry DonnellCourt of Appeals for the Fourth Circuit · 1985
- Toguchi v. Soon Hwang ChungCourt of Appeals for the Ninth Circuit · 2004
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
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