State Farm Mutual Automobile Insurance v. Beng

In State Farm Mutual Automobile Insurance Co. v. Cuffee, 248 Va. 11, 444 S.E.2d 720 (1994), we held that an uninsured motorist carrier has the right under Code § 38.2-2206(F) to file pleadings and take other action allowable by law in a personal injury case notwithstanding that the uninsured tort-feasor admits liability for the injuries. The present case presents the question whether an underinsured motorist carrier has a similar right under the same statute when the tort-feasor confesses judgment in an amount exceeding the applicable liability coverage. Finding that the carrier has such a…