Carrington v. McCarthy

By Judge Randall G. Johnson

I have now read Dale v. City of Newport News, 243 Va. 48, 412 S.E.2d 701 (1992), and I agree with Mr. Herzog and others that the case holds that former Va. Code §46.1-395(b), which is now Va. Code § 46.2-368(B), required self-insurers to have unlimited uninsured and underinsured motorist coverage. Indeed, concurring Justice Compton observed that “the taxpayers in Newport News can be thankful that this verdict [against Newport News] is for only $550,000 rather than $550 million.” 243 Va. at 52.

As the court in Dale noted, however, the statute was amended in 1991.…