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] Bureau 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.* In June 1991, the insurer paid the parents $23,000, thus exhausting the bodily injury limits under the uninsured motorist coverage.

In the meantime, the parents had instituted the present action on the insurance contracts against the insurer in the Circuit Court of Page County. In an amended motion for judgment filed in July 1991, the parents sought to enforce the Spotsylvania judgment, subject to a credit for the June 1991 payment.

In a July 1992 hearing on the parents’ motion for summary judgment, the parties agreed that there was no factual dispute and that the sole issue involved interpretation of the insurance contracts, which have identical substantive provisions. Upon consideration of the pleadings, the prior proceedings, and argument of counsel, the court ruled in favor of the parents. The court found that the parents had “the right to recover under the Property Damage limits of the applicable policies,” which totalled $35,000 when stacked.

Therefore, the court entered judgment against the insurer for $24,868.67, after applying the credit. This sum represented the amount of the unpaid Spotsylvania judgment plus prejudgment interest of about $13,000. We awarded the insurer this appeal from the final order, limited to consideration of the foregoing issue.

[175] In the interpretation of any contract, including contracts of insurance, the document must be construed as a whole. The following provisions of the uninsured motorist coverage of the insurance contracts at issue are pertinent to this controversy.

They provide that the insurer will pay “in accordance with” the Virginia uninsured motorist statute, “all sums which the insured . . . shall be legally entitled to recover as damages from the . . . operator of an uninsured motor vehicle because of bodily injury sustained by the insured or property damage, caused by accident and arising out of the ownership, maintenance or use of such uninsured motor vehicle.” Among the exclusions, the policies provide that the insurance does not apply “to the first two hundred dollars of the total amount of all property damage as the result of any one accident.”

According to a section labelled “Limits of Liability,” the policies provide that the “limit of liability for bodily injury stated in the declarations as applicable to ‘each person’ is the limit of the company’s liability for all damages because of bodily injury sustained by one person as the result of any one accident.” That section also provides that the “limit of liability for property damage stated in the declarations as applicable to each accident is the total limit of the company’s liability for all damages because of property damage to all property of one or more insureds as the result of any one accident.”

Under the “Definitions” section, the policies provide that “ ‘property damage’ means injury to or destruction of (1) an insured motor vehicle owned by the named insured or his spouse, if a resident of the same household, and the contents of such motor vehicle, and (2) any other property (except a motor vehicle) owned by an insured and located in Virginia.”

Finally, under the section dealing with proofs of loss and proofs of claim, the policies provide that the “insured or other person making claim for damage to property shall file proof of loss with the company . . . setting forth the interest of the insured ... in the property affected, any encumbrances thereon, the actual cash value thereof at time of loss . . . and cause of such loss .... Upon the company’s request, the insured shall exhibit the damaged property to the company.”

The trial court, relying on Watson v. Daniel, 165 Va. 564, 183 S.E. 183 (1936), ruled that the Spotsylvania judgment was “a judgment for property damage sustained by these plaintiffs for pecuniary losses to their estate incurred for medical care and other expenses in behalf of their infant daughter.” In deciding that the parents have the right to collect under the property damage coverages, the trial court said: [176] “There is no language in the policy that makes a parents’ action for loss of services and medical expenses ‘personal injury’ rather than ‘property damage.’ ”

In Watson, the sole issue was whether a one-year or five-year statute of limitations applied to a father’s claim for recovery of medical expenses and loss of services when his minor child was injured in an automobile accident. This Court held that the father’s cause of action was “for the pecuniary loss suffered by his estate” and that the five-year limitation applied. Id. at 573, 183 S.E. at 187.

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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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