Virginia Farm Bureau Mut. Ins. Co. v. Wolfe

• Decision Date: 01 September 1971
• Citation: 183 S.E.2d 145,212 Va. 162
• Parties: VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. Ray C. WOLFE.
• Court: Virginia Supreme Court

Page 145

183 S.E.2d 145

212 Va. 162

VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. Ray C. WOLFE.

Supreme Court of Virginia.

Sept. 1, 1971.

Richard C. Rakes, Roanoke (Gentry, Locke, Rakes & Moore, Roanoke, on the brief), for plaintiff in error.

James M. Roe, Jr., Fincastle (Carter, Roe, Emick & Honts, Fincastle, on the brief), for defendant in error.

Before SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

I'ANSON, Justice.

The question presented on this appeal is whether the medical payments provision of a single insurance policy covering three vehicles on which separate premiums were paid required payment of the maximum limits on each automobile for injuries received by the named insured in one accident.

The trial court held that our decision in Central Surety & Insurance Corporation v. Elder, 204 Va. 192, 129 S.E.2d 651 (1963), was controlling and that plaintiff, Ray C. Wolfe, was entitled to recover from defendant, Virginia Farm Bureau Mutual Insurance Company, hereinafter referred to as the company, the maximum limits of $1,000 for medical expenses on each vehicle insured, or a total of $3,000. Defendant having paid plaintiff $1,000 and denied liability as to the remainder, judgment was entered for plaintiff in the amount of $2,000, and defendant is here on a writ of error to the judgment.

On January 2, 1969, the company issued its automobile liability insurance policy to plaintiff covering a 1963 Ford, a 1958 Chevrolet, and a 1957 Volkswagen, effective to July 15, 1969. The policy provided medical payments coverage for each of Wolfe's vehicles, for which coverage he paid a separate premium for each automobile. On February 8, 1969, plaintiff was injured in an accident while driving the Volkswagen. He incurred medical expenses in excess of $3,000.

The policy contained the following pertinent provisions:

On the 'declarations' page the limit of liability and the premium paid are separately stated for the various coverages on each of the three automobiles, which included medical payments in the amount of $1,000.

'Part II--Expenses for Medical Services'

'Coverage C--Medical Payments: To pay all reasonable expenses incurred * * * from the date of accident for necessary medical * * * services:

'Division 1. To or for the named insured * * * who sustains bodily injury * * * caused by the accident,

(a) while occupying the owned automobile,

(b) while occupying a non-owned automobile * * *, or

(c) through being struck by an automobile * * *.

'Limit of Liability: The limit of liability for medical payments stated in the declaration as applicable to 'each person' is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury as the result of any one accident.'

Under the section entitled 'Conditions' the following provision appears:

'4. Two or More Automobiles--Parts I, II, and III: When two or more automobiles are insured hereunder, the terms of this policy shall apply separately to each * * *.'

In Elder the wife of the policyholder was injured while a passenger in a vehicle owned and operated by another. The policy covered two vehicles and provided for medical payments of $1,000 for each person injured while occupying or through being struck by an automobile, with separate premiums allotted to each car. (The limitation of liability clause,...