Long v. Thompson

By Judge Randall G. Johnson

The issue presently before the court in this personal injury action is whether an uninsured motorist carrier, which was served with process under Va Code § 38.2-2206(F), but which did not file responsive pleadings within twenty-one days of such service, has standing to challenge service of process on the named defendant. For the reasons that follow, the court holds that it does.

The action arises out of a February 10, 2003, automobile accident. Suit was filed on February 9,2004. On February 11,2004, a proof of service was filed showing posted service on the named…