Virginia Farm Bureau Mutual Insurance v. Frazier

440 S.E.2d 898, 247 Va. 172, 10 Va. Law Rep. 940, 1994 Va. LEXIS 69
CourtSupreme Court of Virginia
DecidedFebruary 25, 1994
DocketRecord No. 921864
StatusPublished
Cited by5 cases

This text of 440 S.E.2d 898 (Virginia Farm Bureau Mutual Insurance v. Frazier) 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
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).

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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Cite This Page — Counsel Stack

Bluebook (online)
440 S.E.2d 898, 247 Va. 172, 10 Va. Law Rep. 940, 1994 Va. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-farm-bureau-mutual-insurance-v-frazier-va-1994.