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VA. PROPERTY & CAS. INS. v. INTERN. INS.

Record No. 871130.

385 S.E.2d 614 (1989)

VIRGINIA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION v. INTERNATIONAL INSURANCE COMPANY, et al.

Supreme Court of Virginia.

November 10, 1989.

Attorney(s) appearing for the Case

Gary J. Spahn (James C. Roberts, Edward E. Scher, Mays & Valentine, Richmond, on briefs), for appellants.

John M. Oakey, Jr. (Joseph L.S. St. Amant, M. Kelley Johnston, McGuire, Woods, Battle & Boothe, Richmond, on brief), for appellee Intern. Ins. Co.

Timothy Michael Kaine (G. Kenneth Miller, Mezzullo, McCandlish & Framme, Richmond, on brief), for appellee Martha L. Tunstall.

No brief or argument, for appellee Terrance Foster.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING, and LACY, JJ.

LACY, Justice.

In this appeal, we must determine whether the Virginia Insurance Guaranty Association Act (the Act)1 requires an injured party to exhaust all rights he may have under his own insurance policy prior to receiving payment under the Act, when the tort-feasor's liability insurance carrier has become insolvent.

Terrance Foster was injured in an automobile accident caused by Martha Tunstall. Foster was awarded a $50,000...

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