Southern Insurance v. Somerville

BY JUDGE DANIEL R. BOUTON

I am writing to advise of the court’s ruling on the motion for summary judgment. Several disputed issues have been raised by the motion. It is not necessary for the court to resolve all of them. For the two reasons set forth below, the motion will be granted.

Discussion

The respondent, Donna Somerville, concedes that the coverage she asserts is available under the policy before the court is based on a wrongful death action brought by the statutory beneficiaries of Hamilton Somerville. This is an action created by statute in Virginia. Thus, the damages that can be…