Wells v. Travelers Ins.

By Judge Randall G. Johnson

This case is before the court on the parties’ cross-motions for summary judgment. At issue is whether the Supreme Court’s holding in State Farm Mutual Automobile Insurance Company v. Major, 239 Va. 375, 389 S.E.2d 307 (1990), has been abrogated by the 1991 amendments to Va. Code § 38.2-124(B). All of the material facts have been stipulated to by the parties, and summary judgment is appropriate.

In September, 1991, plaintiff was injured when the motorcycle he was operating was involved in a collision with another motor vehicle. At the time of the collision, plaintiff…