12 Jul Virginia: Car Accident – a Lawyer’s Insurance
In Government Employees Insurance Co. v. United Services Automobile Association, No. 100332 (Apr. 21, 2011), the Virginia Supreme Court found no insurance coverage in a declaratory judgment action for a car accident in Hampton, Virginia; based on the offending driver not being a permissive user. Both the owner’s liability policy with GEICO and the unauthorized driver’s uninsured/underinsured “(UM/UIM”) policy with GEICO Indemnity predicated coverage on permissive use. Id. at 1-2.
In GEICO, recounted Justice Mims, the owner’s daughter was a permittee, but the driver who caused the car accident was not a legitimate “second permittee” of her under the particular case facts. Id. at 11-18. That left United Services Automobile Association (“USAA”), the victim’s UM/UIM carrier, as the only insurance for the collision injuries.