Virginia Farm Bureau Insurance v. Travelers Indemnity Co.

In this appeal, we construe Code § 38.2-2206(B) to decide which of two insurance carriers, both providing the same insured with uninsured motorist coverage in excess of the statutory minimum, is liable for the payment of his underinsured motorist claim.

On May 3, 1987, Roger Hubble, a passenger in a motor vehicle operated by Linda Clare, was injured severely when another vehicle operated negligently by Harold Steven Garrison collided with Clare’s vehicle. Three insurance policies are involved in this case.

State Farm Mutual Automobile Insurance Company (State Farm) provided $50,000 liability…