Reynolds Metals Co. v. Smith

The question posed by this appeal is whether the trial court erred in its holding that the so-called “non-duplication of benefits provision” of a health and accident insurance policy was invalid under the proscription against subrogation contained in Code § 38.1-342.2.

The facts have been stipulated. Arthur Lee Smith. Jr. (Smith or plaintiff), an employee of Reynolds Metals Company (Reynolds), was injured in an automobile accident on December 17, 1974. As a result of those injuries, Smith incurred total medical expenses of $1652.85. At the time of his injury Smith was insured under a group…