May 16, 2013 4th Circuit published opinion

Dooley v Hartford Accident and Indemnity Company

Dooley sued Hartford seeking to obtain underinsured motorist befits for injuries sustained in a car accident. The district court granted summary judgment to Hartford. The panel affirmed. Applying Virginia law, the panel held that the antistacking language in the policy, while ambiguous on its own, was rendered unambiguous by another provision stating the underinsurance benefits were governed by Virginia Code 38.2-2206(A) and therefore equal to the general liability amount. As that amount and the insurance available from the other driver were the same, there was no underinsurance situation and judgment was properly granted to Hartford.

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