Claytor v. Va. Farm Bureau Mutual Ins.

By JUDGE ERNEST P. GATES

This case was submitted to the Court on a Stipulation of Facts, evidence heard ore tenus and briefs of counsel. There are three questions in this case.

I. Where plaintiff is walking toward a non owned vehicle, yet is still some distance from the vehicle, is defendant occupying that vehicle or "entering into" or "alighting from" that vehicle in accordance with the provisions of Reginald Claytor’s policy?

II. If plaintiff had $100,000.00 available to her at the time of her accident, is defendant entitled to underinsurance motorists benefits under either Virginia Farm…