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The Supreme Court of Virginia has decided that summary judgment entered against a defendant motorist did not bind the motorist’s underinsured motorist (“UIM”) insurance carrier, explaining that despite the UIM carrier’s reliance on the motorist and her liability insurer to mount a defense, the UIM insurance carrier retained its own right to defend in the event that the interests of the UIM insurance carrier and the motorist or her liability insurer diverged. 

The Case 

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