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ROBERTS v. GEICO

Civ. A. No. 87-0450-R.

686 F.Supp. 135 (1988)

Steven P. ROBERTS, Plaintiff, v. GEICO and State Farm Mutual Automobile Insurance Company, Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

June 8, 1988.

Attorney(s) appearing for the Case

Bernard S. Cohen, Alexandria, Va., for plaintiff.

David B. Hart, Roanoke, Va., for GEICO.

James F. Johnson, Roanoke, Va., for State Farm.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case presents a unique situation where the result depends on the meaning of one word to determine primary and secondary underinsured motorist coverage. If the plaintiff was "alighting" from the vehicle when struck by the passing motorist, he is a guest and covered primarily by the State Farm insurance policy. If he had already "alighted" from the vehicle, then he is primarily covered by his own GEICO...

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