Harris v. K & K Insurance Agency, Inc.

Under the provisions of our Rule 5:42, the United States Court of Appeals for the Fourth Circuit certified to this Court two questions of Virginia law concerning the issue whether the “continuing undertaking” doctrine is applicable in fixing the date from which the statute of limitations runs in a cause of action for breach of contract brought by an insured against an insurance agency and one of its brokers. The facts as stated in the certification order are set forth below.

I

In 1984, Leonard Harris leased a racetrack known as the Virginia Raceway. The terms of the lease required Harris to…