Virginia Farm Bureau Mutual Insurance v. Frazier

440 S.E.2d 898, 247 Va. 172, 10 Va. Law Rep. 940, 1994 Va. LEXIS 69
Supreme Court of Virginia·Decided February 25, 1994·No. Record No. 921864·Published·Cited by 5 cases

Opinions

JUSTICE COMPTON

delivered the opinion of the Court.

In this automobile insurance case, the question presented is whether the trial court erred in permitting parents to recover under the property damage provisions of uninsured motorist coverage for medical expenses and loss of services as the result of injury to their minor child.

The facts are undisputed. In March 1986, Lisa D. Frazier, age 17, was injured in a motor vehicle collision in Marshall, Virginia, while riding in a car operated by Michael C. King, an uninsured motorist. Appellees Richard Frazier and Karin Frazier, who are Lisa’s parents, incurred medical expenses of $34,190.44 for the treatment of their daughter’s injuries.

The daughter qualified as an insured under two separate policies of automobile insurance jointly issued by appellants Virginia Farm [174]*174Bureau Mutual Insurance Company and Early Settlers Insurance Company (collectively, the insurer). Each policy contained uninsured motorist coverage with bodily injury limits of $25,000 for each person injured as the result of one accident.

In January 1989 in the Circuit Court of Fauquier County, the daughter obtained a $27,000 judgment against King in a tort action for her accident related injuries. Because the insurer’s total stacked bodily injury limits available for uninsured motorist coverage was $50,000, the insurer paid $27,000 to satisfy the Fauquier judgment.

Following proceedings in the Superior Court of the District of Columbia and in the United States Bankruptcy Court for the Eastern District of Virginia involving King, which are not relevant here, the parents obtained a default judgment against King in May 1991 in the Circuit Court of Spotsylvania County for $36,015.49, which included the medical expenses of $34,190.44, and apparently a sum for loss of services.

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Virginia Farm Bureau Mutual Insurance v. Frazier, 440 S.E.2d 898, 247 Va. 172, 10 Va. Law Rep. 940, 1994 Va. LEXIS 69 (Va. 1994).

440 S.E.2d 898 (Virginia Farm Bureau Mutual Insurance v. Frazier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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