Uninsured and Underinsured Motorist Insurance Under Va. Code §38.2-2206: Simultaneously “Occupying”

On September 17, 2015, the Virginia Supreme Court announced a split-vote decision in the case styled, Bratton v. Selective Ins. Co. of Am., 2015 Va. LEXIS 110 (Va. Sup. Ct., Sept. 17, 2015). The decision reversed the trial court. The decision served to expand the scope of UM/UIM coverage in Virginia, through the interpretation of motor vehicle liability policy language. The policy language at issue focused on the definition of “occupying” a motor vehicle, and the meanings of “getting out of,” and “use” of a motor vehicle, as sub-components of its occupancy. The policy language conformed to that approved by the State Corporation Commission of Virginia, pursuant to the requirment for UM/UI

Norman A. Thomas, PLLC

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Mr. Thomas serves appellate clients from throughout the Commonwealth of Virginia in Virginia's appellate tribunals, the State Corporation Commission, and the U.S. Court of Appeals for the Fourth Circuit. 

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