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State court of last resort · ST-VA-SC
Transportation Insurance Co. v. Womack
No. 112283Supreme Court of Virginia
112283 Transportation Insurance Co. v. Womack 11/01/2012 The circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance ca…
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112283 Transportation Insurance Co. v. Womack 11/01/2012 The circuit court erred in extending summary judgment entered against a …
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 1, 2012
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Docket entry
112283 Transportation Insurance Co. v. Womack 11/01/2012 The circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance carrier. Despite the UIM carrier's reliance on the defendant and her liability insurer to mount a defense, the UIM insurance carrier retains its own right to defend in the event that the interests of the UIM insurance carrier and the defendant or her liability insurer diverge. The circuit court's award of summary judgment is reversed and the case is remanded to allow the UIM carrier to present a defense as permitted by Code § 38.2-2206(F) and prior case law.
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