Erie Insurance Group v. Langley Auto Rental, Inc.

Hampton County Circuit Court

Erie Insurance Group v. Langley Auto Rental, Inc.

42 Va. Cir. 520, 1990 Va. Cir. LEXIS 469

CourtHampton County Circuit Court

DecidedMay 4, 1990

DocketCase No. (Law) 24719

StatusPublished

This text of 42 Va. Cir. 520 (Erie Insurance Group v. Langley Auto Rental, Inc.) is published on Counsel Stack Legal Research, covering Hampton County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Erie Insurance Group v. Langley Auto Rental, Inc., 42 Va. Cir. 520, 1990 Va. Cir. LEXIS 469 (Va. Super. Ct. 1990).

Pincite

Opinion

By Judge Walter J. Ford

The Court has reviewed the briefs and considered the argument in this matter. The sole issue to be decided by the Court is which insurance company, Erie Insurance Group or Empire Fire and Marine Insurance Company, owes a duty to defend Gail McMillan in a case presently pending before this Court.

The Court has reviewed and considered § 38.2-2205 of the Code of Virginia, and applying the facts in this case to the language of the Code, the Court finds that in order for Empire Fire and Marine Insurance Company to be afforded the protection of § 38.2-2205, Langley Auto Rental, Inc., would have had to lease the motor vehicle to Gail McMillan as a convenience during the repairing of. her motor vehicle by Langley Auto Rental, Inc., and'such is not the case. The Court disagrees with the argument that the Code provides only that the lessee’s vehicle must be under repair by someone and the rental vehicle be provided as a convenience. The manifested legislative purpose of the statute is to broaden automobile liability insurance coverage, and the statute must be construed liberally to effectuate that end.

The Court rules that Empire Fire and Marine Insurance Company must provide a defense to Gail McMillan in the lawsuit filed against her. Since the matter involved herein is a matter of first impression in Virginia, no award of costs or attorney’s fees will be made.

Free access — add to your briefcase to read the full text and ask questions with AI

By Judge Walter J. Ford

The Court has reviewed the briefs and considered the argument in this matter. The sole issue to be decided by the Court is which insurance company, Erie Insurance Group or Empire Fire and Marine Insurance Company, owes a duty to defend Gail McMillan in a case presently pending before this Court.

The Court has reviewed and considered § 38.2-2205 of the Code of Virginia, and applying the facts in this case to the language of the Code, the Court finds that in order for Empire Fire and Marine Insurance Company to be afforded the protection of § 38.2-2205, Langley Auto Rental, Inc., would have had to lease the motor vehicle to Gail McMillan as a convenience during the repairing of. her motor vehicle by Langley Auto Rental, Inc., and'such is not the case. The Court disagrees with the argument that the Code provides only that the lessee’s vehicle must be under repair by someone and the rental vehicle be provided as a convenience. The manifested legislative purpose of the statute is to broaden automobile liability insurance coverage, and the statute must be construed liberally to effectuate that end.

The Court rules that Empire Fire and Marine Insurance Company must provide a defense to Gail McMillan in the lawsuit filed against her. Since the matter involved herein is a matter of first impression in Virginia, no award of costs or attorney’s fees will be made.

Cite This Page — Counsel Stack

Bluebook (online)

42 Va. Cir. 520, 1990 Va. Cir. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erie-insurance-group-v-langley-auto-rental-inc-vacchampton-1990.