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State court of last resort · ST-VA-SC
Llewellyn v. White
No. 181108Supreme Court of Virginia
181108 Llewellyn v. White 08/15/2019 In a personal injury case arising from a vehicular accident, the circuit court did not err in concluding that a settlement agreement between the plaintiff and her underinsu…
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181108 Llewellyn v. White 08/15/2019 In a personal injury case arising from a vehicular accident, the circuit court did not err i…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Aug 15, 2019
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181108 Llewellyn v. White 08/15/2019 In a personal injury case arising from a vehicular accident, the circuit court did not err in concluding that a settlement agreement between the plaintiff and her underinsured motorist carrier did not entitle the underinsured defendant to a reduction of the jury verdict rendered against her pursuant to the statutory offset pursuant to Code § 8.01-35.1. Under that statute and Code § 38.2-2206, the tortfeasor remains primarily responsible for fully compensating the injury she caused. Plaintiff had the foresight to purchase more extensive motor vehicle insurance than statutorily required and, as the injured party, should retain any windfall that results fro…
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