Simpson v. Virginia Municipal Liability Pool, Et al. – July 28, 2009
Posted by ron on August 4, 2009 · Leave a Comment
Simpson contends the trial court incorrectly construed the terms “using” and “occupying” as contained in certain insurance policies and under Virginia law in relation to an injury sustained by a police officer in a context involving his police cruiser and the “malfeasor’s” car.
From
The Circuit Court of Nottoway County; T.V. Warren, Judge.
Counsel
Kennon C. Walden, Jr. (Walden & Walden, PC) for appellant.
David P. Corrigan and Carson W. Johnson (Harman, Claytor, Corrigan & Wellman), Alan B. Gnapp and Justin S. Gravatt (Duane, Hauck & Gnapp, P.C.), and Brooke T. Alexander and Wm. Tyler Shands (Carter & Shands, P.C.) for appellees.
Assignments of Error
1. The trial court erred in holding that Appellant Charles Simpson’s injuries did not arise out of the “use” or “occupying” by tortfeasor Malcolm Robertson of his vehicle as those terms are employed under the applicable insurance policies and Virginia law.
2. The trial court erred in holding that Appellant Charles Simpson was not “occupying” or “using” his police cruiser at the time of his injury as those terms are employed under the applicable insurance policies and Virginia law.
Date Granted
7-24-2009