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Government Employees Insurance v. Erie Insurance Exchange

Citations: 222 Va. 342; 282 S.E.2d 238; 1981 Va. LEXIS 311Docket: Record No. 800714

Court: Supreme Court of Virginia; September 11, 1981; Virginia; State Supreme Court

Narrative Opinion Summary

In a dispute over insurance coverage, the court examined whether a 1976 Ford Pinto, involved in a collision, was considered a 'non-owned automobile' under a policy issued by GEICO to Glen R. Pennington. The vehicle was owned by Bill Pennington, Glen's son and a Marine stationed at Quantico, who resided at home. The incident occurred when John W. Pennington used the Pinto, resulting in a collision with James W. Hastings, who then pursued legal action against John. Erie Insurance Exchange, the insurer for Hastings, sought a declaratory judgment on GEICO's liability. The trial court initially ruled in favor of coverage, identifying the Pinto as a 'non-owned automobile.' However, the appellate court referenced Quesenberry v. Nichols, which clarified that vehicles owned by relatives living in the same household are excluded from being classified as 'non-owned.' Consequently, the appellate court reversed the trial court's decision, ruling that the Pinto did not meet the 'non-owned automobile' criteria under GEICO's policy, thereby denying coverage and ruling in favor of GEICO.

Legal Issues Addressed

Exclusion of Relative's Vehicle from 'Non-Owned' Status

Application: The court applied the precedent from Quesenberry v. Nichols to establish that the Pinto, owned by a relative living in the same household, was excluded from the policy's definition of a 'non-owned automobile.'

Reasoning: The court referenced the case Quesenberry v. Nichols, establishing that vehicles owned by relatives residing in the same household are excluded from the definition of 'non-owned automobile.'

Interpretation of 'Non-Owned Automobile' under Insurance Policy

Application: The court determined that the vehicle, owned by a relative residing in the same household as the insured, did not qualify as a 'non-owned automobile' under the insurance policy definition.

Reasoning: The GEICO policy defined 'non-owned automobile' as a vehicle not owned by or regularly used by the named insured or any relative, with 'relative' being defined as a person residing in the same household.

Reversal of Trial Court's Judgment on Coverage Liability

Application: Upon determining that the vehicle was not a 'non-owned automobile,' the appellate court reversed the trial court's decision, ruling in favor of GEICO and denying coverage.

Reasoning: Since Bill, residing with Glen, owned the Pinto, the court concluded it did not qualify as a 'non-owned automobile' under the GEICO policy. Consequently, the judgment was reversed, ruling in favor of GEICO and denying coverage for the accident.