Legal Opinion

Bratton v. Selective Ins. Co. of Am.

Supreme Court of Virginia

Decided September 17, 2015No. Record 141358PublishedCited by 13 opinions

1Opinion of the Court

Opinion by Senior Justice LEROY F. MILLETTE, JR.

In this appeal we determine that a road construction employee was (1) "getting out of" the dump truck he was operating and (2) "using" a pickup truck as a safety vehicle, as those terms are used in a motor vehicle insurance policy to establish insurance coverage.

I. FACTS AND PROCEEDINGS

"We will defer to the circuit court's determination of the facts unless [such a determination is] unsupported by evidence or plainly wrong [,] because an appellate court lacks the fact-finder's ability to hear and see the witnesses and assess their credibility."…

Also in this document: Dissent · Goodwyn; Dissent · Kelsey.

2Cases cited48 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Haskins v. CommonwealthCourt of Appeals of Virginia · 2004
  4. Cunningham v. Insurance Company of North AmericaSupreme Court of Virginia · 1972
  5. Westerfield v. LaFleurSupreme Court of Louisiana · 1986

43 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Erie Ins. Exchange v. EPC MD 15, LLCSupreme Court of Virginia · 2019
  2. Rafalko v. GeorgiadisSupreme Court of Virginia · 2015
  3. Lula Williams v. Matt MartorelloCourt of Appeals for the Fourth Circuit · 2023
  4. Church Mutual Insurance Company, S.I. v. Ephesus Richmond Seventh-Day Adventist Church, etc.Court of Appeals of Virginia · 2025
  5. Corriveau v. State Farm Mutual Ins. Co.Supreme Court of Virginia · 2019

8 more not listed; retrieve them via the Exa API.

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