Virginia Farm Bureau Mutual Insurance v. Jerrell

Holding

Each of these appeals involves the medical payments provision of an automobile liability insurance policy. In each instance, the insured was injured when the motor vehicle he was occupying collided with another motor vehicle. The pertinent policy provision purports to limit coverage to injuries sustained by an insured “while not occupying a motor vehicle, through being struck by an automobile.” A statutory provision extends coverage to injuries sustained by an insured “through being struck by a motor vehicle,” without any qualifying language concerning the non-occupancy of a motor vehicle. The question for decision in each case is whether the policy language is in conflict with the statutory provision and hence ineffective to limit coverage.