| Docket No. | Op. Below | Argument | Opinion | Author | Term |
|---|---|---|---|---|---|
| 040797 | - - | - - | April 22, 2005 | Koontz | 2005 |
Citation: Asplundh Tree Expert v. Pacific Employers, 611 S.E.2d 531, 269 Va. 399, 2005 Va. LEXIS 41 (2005).
Holding
In this appeal, we consider whether the chancellor erred in determining that the trial court retained jurisdiction in a pending declaratory judgment action brought by an insurer to determine its obligations under its business motor vehicle liability insurance policy after the insurer funded a settlement of the underlying tort action brought against the policyholder by an injured party. We further consider whether the chancellor erred in determining that the insurer was not liable on the policy and in directing the policyholder to refund to the insurer the amount tendered to fund the settlement.
