Ward v. Nationwide Assurance Co.

Dec 24, 2014

OUTCOME: The law of the state where the contract was formed applied. The Virginia offset was affirmed.

Ward, a VA resident, was in a crash in Louisville Kentucky. Ward sought UIM benefits from his Virginia policy. Virginia allows UIM benefits to be offset by the at fault driver's policy limits. Kentu ... cky does not allow such offsets. The Court was asked to determine if the Virginia offset would apply to the Kentucky Accident. The Jefferson Circuit Court determined the offset did apply. The Court of Appeals, at first reversed. The Supreme Court vacated the Court of Appeals opinion. The Court of Appeals then affirmed