Mills v. Virginia Mutual Insurance

BY JUDGE T. J. MARKOW

This case is before the court on Demurrer. Plaintiff, Barbara Mills, filed a breach of contract and bad faith claim against Defendant, Virginia Mutual, based upon Virginia Mutual’s failure to pay the limits of her uninsured motorist coverage prior to judgment against the uninsured motorist. Virginia Mutual demurs on the basis that, under the uninsured motorist statute, it owed no duty to Ms. Mills until after she had obtained a judgment against the uninsured motorist and, therefore, Ms. Mills fails to allege a breach of contract or bad faith claim.

Ms. Mills was involved…