Government Employees v. UNITED SERVICES

708 S.E.2d 877, 281 Va. 647
CourtSupreme Court of Virginia
DecidedApril 21, 2011
Docket100332
StatusPublished
Cited by17 cases

This text of 708 S.E.2d 877 (Government Employees v. UNITED SERVICES) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government Employees v. UNITED SERVICES, 708 S.E.2d 877, 281 Va. 647 (Va. 2011).

Opinion

708 S.E.2d 877 (2011)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al.
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION, et al.

Record No. 100332.

Supreme Court of Virginia.

April 21, 2011.

*878 Alan B. Rashkin, (Furniss, Davis, Rashkind and Saunders, on briefs), Norfolk, for appellants.

Todd M. Fiorella (Fraim & Fiorella, on brief), Norfolk, for appellee United Services Automobile Association.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and LACY and KOONTZ, S.JJ.

*879 OPINION BY Justice WILLIAM C. MIMS.

In this appeal, we consider whether the evidence adduced at trial was sufficient to establish liability under either of two automobile insurance policies.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In April 1999, Thomas Laffey was injured when a 1989 Acura Legend collided with his vehicle. Sharon Bass ("Sharon") owned the car and her daughter, Krystal Bass ("Krystal"), was its primary user. Steven Parent ("Steven") was driving the car at the time of the collision.

Sharon had a family automobile insurance policy ("Sharon's Policy") issued by Government Employees Insurance Company ("GEICO"), which listed the car. Sharon's Policy afforded bodily injury liability coverage for those it insured while they operated the car. As defined by the policy, in such circumstances the insured included (1) Sharon, as the named insured, or any resident in her household, and (2) "any other person using [the car] with the permission of the named insured, provided his actual operation . . . thereof is within the scope of such permission."

Steven's mother, Annie Parent ("Annie") had a family automobile insurance policy ("Annie's Policy") issued by GEICO Indemnity Insurance Company ("GEICO Indemnity"). Annie's Policy afforded bodily injury liability coverage for those it insured while they operated a car owned by another. As defined by the policy, in such circumstances the insured included (1) Annie, as the named insured, and (2) "any relative, but only with respect to a private passenger automobile. . . provided his actual operation . . . thereof is with the permission, or reasonably believed to be with the permission, of the owner and is within the scope of such permission."

Following the collision, Laffey presented claims to GEICO and GEICO Indemnity for coverage under Sharon's Policy and Annie's Policy, respectively. Each denied the claims on the ground that Steven lacked permission to operate the car at the time of the collision, which was necessary to incur liability under either policy. Laffey then filed a motion for judgment alleging that Steven had been negligent in his operation of the car.[1] Laffey also served his own automobile insurance carrier, United Services Automobile Association ("USAA"), to invoke his uninsured/underinsured motorist coverage. GEICO and GEICO Indemnity then filed a declaratory judgment action against USAA, Annie, Steven, Sharon, Krystal, and Laffey seeking a determination that neither carrier had any coverage obligation for the collision. The declaratory judgment action was tried to the circuit court in September 2009.

A. EVENTS PRECEDING THE COLLISION

1. KRYSTAL'S TESTIMONY

Krystal testified that she had planned to meet her boyfriend, Charlie Daniels, on the evening of April 16. They were to meet either at Steven's house (the "Parent House") or at the home of Elaine Pamplin ("Elaine"), Daniels' aunt, which was two blocks away (the "Pamplin House"). Krystal drove first to the Pamplin House, then to the Parent House a few minutes later, arriving between 8:00 and 8:30 p.m. Because she did not carry a purse, she placed her keys, cigarettes, and lighter on a coffee table.

A group of Daniels' and Steven's mutual friends were there, listening to music, playing cards, and drinking beer. Krystal took a "couple of sips" of beer. At some point during the three hours she waited for Daniels to arrive, she noticed her keys were missing. When she asked where they were, Steven said he had taken them so they would not get lost.

After Daniels arrived, he and Krystal began arguing. The argument moved from the house to the street, where he hit her and walked away toward the Pamplin House. She returned to the Parent House in tears *880 and asked for her keys so she could go home. She told Steven and the others that Daniels had struck her. Agitated, Steven insisted on confronting Daniels at the Pamplin House. He and one of his friends, Josh Robey, went to the car. Steven, with the keys, got into the driver's seat. Krystal got into the passenger seat and Steven drove to the Pamplin House.[2]

When they arrived at the Pamplin House, Krystal took the keys from the ignition. Steven and Robey went into the house to confront Daniels. As Krystal approached the house, she placed her keys, cigarettes, and lighter either on the front step or on a nearby table on the porch. When she entered the Pamplin House, one of the occupants told Steven and Robey that Daniels had not hit Krystal. Krystal and Daniels then spoke privately in the back of the living room. Minutes later, Chris Pamplin ("Chris"), Elaine's son and Daniels' cousin, yelled to Krystal that Steven had taken the car.

Krystal ran outside but Steven and the car were gone. She called the police to report it stolen and then called her parents. The police later came to the Basses' house and informed them that the car had been in a collision. Sometime thereafter, Steven spoke to her and said that he had taken the car because he was angry, believing she had lied to him about Daniels hitting her.

2. OTHERS' TESTIMONY

Sharon corroborated that Krystal had called her to tell her the car had been stolen and that Krystal had reported the theft to the police. Sharon also testified that the police came to their home after Krystal returned and informed them that the car had been in a collision.

Chris contradicted much of Krystal's description of the events prior to the collision. He testified that earlier that day, Krystal and Robey had driven together in Robey's car. During that time, Steven used her car to pick Chris up and take him to the store. Daniels and Krystal subsequently met at the Pamplin House, where the argument began. Krystal then drove her car to the Parent House and soon thereafter Steven drove up to the Pamplin House in the car with Krystal, Robey, and two more of Steven's friends. Krystal and Daniels resumed their argument in the front yard and Chris told Steven that Daniels had not hit her. Steven then glared at Krystal, got into the car, and drove away. Krystal did not object for 30 to 45 minutes when Steven had not returned. She then called the police to report the car had been stolen. When the police arrived to investigate her report, Chris told them that Steven had not stolen the car.

Steven testified that he had been at the home of his girlfriend, Shelly Roell, on the afternoon preceding the collision. Roell lived across the street from the Pamplin House. He went over to the Pamplin House around 4:00 p.m. and Krystal and Daniels were already there. He then walked to the Parent House where he and his friends watched television and played cards. He did not recall seeing Krystal again until around midnight, when she came in crying and said Daniels had hit her. She then gave him her keys and he drove her, Robey, and another friend to the Pamplin House, where Chris told him that Daniels had not hit her.

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Cite This Page — Counsel Stack

Bluebook (online)
708 S.E.2d 877, 281 Va. 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-v-united-services-va-2011.