Criterion Insurance v. Fulgham

In this appeal, the dispute stems from an insurance adjuster’s misguided attempt to pay a claim for which there was no coverage under the policy.

The stipulated facts show that in July of 1975, plaintiff-appellee Robert Earl Fulgham was injured while operating the motorcycle of another along a street in Virginia Beach. The top of a large wooden crate fell from a truck causing the motorcycle to crash.

Fulgham was insured under a Family Combination Automobile Policy with Medical Payments Coverage issued by the appellant Criterion Insurance Company, the defendant below. He filed an appropriate…