Legal Opinion

Erie Insurance Exchange v. Horton

Scott County Circuit Court

Decided September 13, 1990No. Case No. 1856Published

1Opinion of the Court

By JUDGE J. ROBERT STUMP

This is a declaratory judgment action filed by Erie Insurance Exchange (Erie) claiming that Virginia Code Section 38.2*2206 and the clear language of its policies prohibits stacking of coverages under the underinsured motorist (UIM) provision of its three separate insurance policies.

On December 2, 1988, in Clinchport, Virginia, plaintiff, Paul Horton, while standing in the front yard of his home, was struck and seriously injured by an automobile collision between the two defendants, Ricky Hill and Denita Blevins. Horton's medicals exceed $100,000.00. Plaintiff sued…

2Cases cited11 opinions

  1. Bryant v. State Farm Mutual Automobile InsuranceSupreme Court of Virginia · 1965
  2. Cunningham v. Insurance Company of North AmericaSupreme Court of Virginia · 1972
  3. Storm v. Nationwide Mutual InsuranceSupreme Court of Virginia · 1957
  4. Lipscombe v. Security Insurance Co. of HartfordSupreme Court of Virginia · 1972
  5. Goodville Mutual Casualty Co. v. BorrorSupreme Court of Virginia · 1981

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