Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Uninsured Motorist-Service of Suit.    

1988 Glens Falls Ins. Co. v. Stephenson, 235 Va. 420, 367 S.E.2d 722. 

Not required that service on UM carrier take place within time limitation for filing action against tortfeasor. 

1984 Davis v. American Interinsurance Exch., 228 Va. 1, 319 S.E.2d 723. 

Plaintiff attempted to serve uninsured motorist carrier. Plaintiff presented no proof as to time that letter containing suit papers was received by carrier, and therefore failed to make out prima facie showing that process, even if received, was timely received. 

1983 Truman v. Spivey, 225 Va. 274, 302 S.E.2d 517. 

Action filed against John Doe, unknown motorist, under Uninsured Motorist Act. Carrier appeared on behalf of John Doe and thereafter advised plaintiff that unknown motorist was in fact Mr. Spivey. Plaintiff amended so as to join Spivey as codefendant after statute of limitations had expired. Carrier appeared on behalf of Spivey also since he was uninsured. Court held that statute of limitations was tolled as to Spivey upon timely filing of John Doe action. 

1978 United Servs. v. Nationwide Mut., 218 Va. 861, 241 S.E.2d 784. 

After insured has obtained judgment against uninsured motorist, he has five years to bring action against his uninsured motorist carrier. 

1976 Midwest Mut. v. Aetna Cas., 216 Va. 926, 223 S.E.2d 901. 

Two carriers provided uninsured motorist coverage for claimant. Midwest settled claim without suit having been filed and then sued Aetna for contribution. Law requires that claimant serve process on uninsured motorist carrier. Claimant never did this since suit never filed. Aetna not obligated to pay. Likewise, since there had been no judgment entered, Aetna was not required to pay. 

1968 Roenke v. Virginia Farm Bur. Ins. Co., 209 Va. 128, 161 S.E.2d 704. 

In uninsured motorist case, plaintiff’s counsel notified insurance company of suit by mail. Uninsured motorist provision requires service of copy of process on insurance company. Insurance company never admitted liability nor indicated waiver of service. No responsibility on insurer to advise plaintiff or his counsel of Code requirement. 

1962 Doe v. Brown, 203 Va. 508, 125 S.E.2d 159. 

In uninsured motorist case giving notice of accident to D.M.V. is not prerequisite where John Doe is defendant. Plaintiff sued John Doe with service on insurance company. This substituted service was not denial of due process for John Doe. 

1962 State Farm v. Duncan, 203 Va. 440, 125 S.E.2d 154. 

Requirement for service on insurance company is condition precedent to recovery. 

1961 Creteau v. Phoenix Assur. Co., 202 Va. 641, 119 S.E.2d 336. 

Any insured intending to rely on uninsured motorist coverage shall, if action is instituted against uninsured motorist, serve copy of process on insurance company. 

For more information on traffic collisions see the pages on Wikipedia.