NOTICE TO CO UNSEL. This case probably will be called at the session of court to be held _

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2 NOTICE TO CO UNSEL This case probably will be called at the session of court to be held _ 1 You will be advised later more definitely as to the date. Print names of counsel on front cover of briefs. Howard G. Turner, Clerk

3 IN THE Supreme Court of Appeals of Virginia AT RICHMOND Record No VIRGINIA: In the Supreme Court of Appeals held at the Supreme Court of Appeals Building in the City of Richmond on Tuesday the 13th day of October, VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff in error, against RAY C. WOLFE, Defendant in error. F.rom the Circuit Court of Botetourt County EarlL. Abbott, Judge Upon the petition of Virginia Farm Bureau Mutual Insurance Company a writ of error and supersedeas is awarded it to a judgment rendered by the Circuit Court of Botetourt County on the 8th day of April, 1970, in a certain motion for judgment then therein depending, wherein Ray C. Wolfe was plaintiff and the petitioner was defendant. And it appearing that a suspending and supersedeas bond in the penalty of $3,000, conditioned according to law, has heretofore been given in acco.rdance with the provisions of sections 8-4'65 and of the Code, no additional bond is required.

4 2 Supreme Court of Appeals of Virginia RECORD page 2 r * * MOTION FOR JUDGMENT To The Honorable EarlL. Abbott, Judge Of Said Court: The plaintiff, Ray C. Wolfe, moves this court for judgment against the defendant, Virginia Farm Bureau Mutual Insurance Company, in the sum of Three Thousand ($3,000.00) Dollars, due and owing the plaintiff by contract in the following particulars : (1) Plaintiff was on the 8th day of February, 1969, the named insured, and had enforce with the defendant a policy of insurance insuring three vehicles, upon which the premiums were paid; that said policy had enforce medical payment p.rovisions, listed in said policy as coverage C; that premiums were assessed by said defendant and paid by the plaintiff for said coverage under Part II, entitled "Expenses for Medical Services" of said contract of insurance; that coverage afforded under said policy totaled $3, per person. (2) That the plaintiff, Ray C. Wolfe, did on the 8th day of February, 1969, receive certain injuries in an page 3 r accident; that he did within one year of said accident, incu,rr, as a result of said accident, certain medical, surgical, x-ray and dental services, including prosthetic devices, ambulance and hospital expenses, all of which expenses were reasonable and necessary, and the direct result of said accident; that said expenses totaled as of April 29, 1969, $3, (3) That the plaintiff made claim for said benefits under said policy and that the plaintiff has done all that is necessary under his policy. WHEREFORE by reason of the foregoing the plaintiff seeks judgment against the defendant in the sum of $3, together with his costs in this proceeding. Ray C. Wolfe Plaintiff By counsel

5 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 3 James M. Roe, Jr., Of counsel Carter, Roe & Emick Attorneys at Law Fincastle, Virginia Filed in the Clerk's Office the 29th day of May, 1969 Teste: George E. Holt, Jr. Clerk page 5 r * * * * * * * * RESPONSIVE PLEADING OF THE DEFENDANT Comes now the defendant, Virginia Farm Bureau Mutual Insurance Company, by counsel, and files this its Responsive Pleading to the plaintiff's Motion for Judgment heretofore filed in this action. 1. The defendant denies that it is indebted to the plaintiff in the sum of $3,000 alleged in the opening paragraph of the plaintiff's motion for judgment and alleges, on the contrary, that the limit of its liability is in the amount of $1,000 which it is ready and willing to pay unto the plaintiff. 2. The defendant admits all allegations in paragraph (1) of the plaintiff's motion for judgment except for the last phrase that reads, "that coverage afforded under said policy totaled $3, per person." which is denied. 3. The defendant admits the allegations in paragraph (2) of the plaintiff's motion for judgment. 4. The defendant admits the allegations in paragraph (3) of the plaintiff's motion for judgment except to the extent that it might be implied that the plaintiff is entitled to recover mo.re than $1,000 under the insurance policy in question. 5. The defendant takes the position that the language of its policy would limit the plaintiff to a recovery of $1,000 under the facts in this case and moves the Court to require the plaintiff to file the original of said policy with page 6 r the papers in this action. Otherwise, it would be impossible for the Court to determine the merits of this case.

6 4 Supreme Court of Appeals of Virginia Given unde.r its hand this 19th day of June, Gentry, Locke, Rakes & Moore Suite 300 Shenandoah Building Roanoke, Virginia Counsel for defendant Virginia Farm Bureau Mutual Insurance Company By: Richard C. Rakes Of counsel Filed in the Clerk's Office the 20th day of June, 1969 Teste: George E. Holt, Jr. Clerk * * * * * page 7 ~ Nineteenth Judicial Circuit Mr. James M. Roe, Jr Attorney at Law Fincastle, Virginia Mr. Richard C. Rakes Attorney at Law P. 0. Box 614 Roanoke, Virginia EarlL. Abbott, Judge Clifton Forge, Virginia October 7, 1969 Ray C. Wolfe vs Virginia Farm Bureau Mutual Ins. Co.-Botetourt County. Gentlemen: Under the authority of Centml Stwety and Insurance Corporation vs E lder, 204 Va. 192, 129 S.E. 2d 651, I am of the opinion the pending action under consideration is governed by this decision upon the ground that the language of the policy is arnbigimts and should be construed in favor of the insured. Summary judgment in the amount of $ is

7 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 5 awarded the plaintiff. An order to this effect may be prepared for entry. Respectfully, EarlL. Abbott. Received Oct Stuart B. Carter page 8 ~ At a Circuit Court continued and held in and for the County of Botetourt on the 8th day of April, 1970 ORDER This day came the plaintiff and the defendant, by counsel, and both parties moved the Court for summary judgment pursuant to Rule 3 :20 of the Rules of the Supreme Court of Appeals of Virginia, and argument was heard the.reon. And the Court, upon consideration of the pleadings, the insurance policy, exhibits and depositions filed by the plaintiff, oral argument, and stipulation of counsel that at the time of the loss occasioned herein the plaintiff, Ray C. Wolfe, was operating the 1957 Volkswagen sedan described in the aforesaid policy, is of the opinion that the plaintiff is entitled to recove.r the sum of $3,000 under Policy No issued by the defendant to the plaintiff. Wherefore, the Court doth accordingly overrule the motion of the defendant and grant the plaintiff's motion for summary judgment. And it further appearing unto the Court that the defendant, Virginia Farm Bureau Mutual Insurance Company, has, subsequent to the filing of this action, paid over to the plaintiff the sum of $1,000, it is further ADJUDGED, ORDERED and DECREED that the plaintiff, Ray C. Wolfe, do have and recover of the defendant, Virginia Fa.rm Bureau Mutual Insurance Company, the sum of TWO THOUSAND ($2,000) DOLLARS with interest thereon from this date, together with his costs in this behalf expended, to which action of the Court, the defendant, by counsel, notes its page 9 ~ exception. Inasmuch as the defendant, Virginia Farm Bureau Mutual Insurance Company, has indicated its intention to apply to the Supreme Court of Appeals of Vir-

8 6 Supreme Court of Appeals of Virginia ginia for a Writ of Error and S~tpersed e as to the judgment of this Court, it is ORDERED that execution on the judgment hereinabove rendered be, and the same hereby is, suspended for a period of 60 days from this date; and if the defendant duly files a petition fo.r a Writ of Error in the Supreme Court of Appeals of Virginia, execution on the judgment will be suspended until the Petition has been acted upon; and if a Writ of Error be granted in this case, execution will be further suspended until an opinion has been rendered by the said Supreme Court of Appeals of Virginia; all of which is conditioned upon the defendant, Virginia Farm Bureau Mutual Insurance Company, or someone for it, giving or filing a bond with co.rporate surety in this court within thirty (30) days from this date in the penalty of Three Thousand ($3,000) Dollars, conditioned according to law. * * * * Ente.r: EarlL. Abbott Judge page 15 r * * * * * * * * * NOTICE OF APPEAL AND ASSIGNMENTS OF ERROR Notice is hereby given that Virginia Farm Bureau Mutual Insurance Company appeals from the final judgment rendered by this court on the 8th day of April, 1970, and announces its intention to apply for a Writ of E.rror and Supersedeas to the Supreme Court of Appeals of Virginia. ASSIGNMENTS OF ERROR ( 1) Action of the Trial Court in overruling the motion for summary judgment of the defendant. (2) Action of the Trial Court in granting the motion for summary judgment of the plaintiff. (3) Action of the Trial Court in holding that the plaintiff was entitled to recover in excess of $1,000 under Coverage C of the policy issued by the defendant insurer.

9 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 7 John E. Alderson Given under my hand this 5th day of June, Virginia Farm Bureau Mutual Insurance Company By: Richard C. Rakes Of Counsel Received and Filed June 6, 1970 George E. Holt Jr. Cleric * The Deposition de bene esse of John E. Alderson, Jr., taken on the 22nd day of December, 1969, at 1:00 P.M. in the law offices of Carter, Roe and Emick, Fincastle, Virginia, pursuant to agreement of counsel, to be read in evidence on behalf of the plaintiff in the above-styled cause. APPEARANCES: James M. Roe, Jr., Esquire Counsel for the Plaintiff Richard C. Rakes, Esquire Counsel for the Defendant Received and Filed March 16, 1970 G. E. Holt Jr. Clerk Dep. page 1 ( Mr. Rakes: It is stipulated and agreed that this is the deposition de bene esse of Mr. Alderson, that objections will be stated in the record and all arguments on objections will be reserved until the time of trial. JOHN E. ALDERSON Being first duly sworn, deposes and says as follows: DIRECT EXAMINATION By Mr. Roe: Q. What is your full name, sir? A. John E. Alderson, Jr.

10 8 Supreme Court of Appeals of Virginia John E. Alderson Q. Where do you reside~ A. Route 2, Troutville. Q. And what is your occupation~ A. Insurance agent, general agent. Q. And were you at one time an insurance agent fo.r the defendant, Virginia Farm Bureau Mutual Insurance Company1 A. Yes. Q. And how long were you their agent~ A. F.rom September 1, 1965 to April15, Dep. Q. And I understand you're no longer their page 2 r agent ~ A. That's correct. Q. All right, Mr. Anderson, I show you here a declaration sheet, which is the original, a copy of which will be put into evidence and marked "Exhibit A". Who was the insured under that policy ~ A. Ray C. Wolfe. Q. That being the plaintiff in this case~ A. Yes. Q. What was the policy effective date ~ A. The policy effective date was January 2, 1969, to July 15,1969. Q. And would that policy be effective on February 8, Q. And do you of your own knowledge know that Mr. Wolfe was injured on that date 1 Q. Do you of your own knowledge know what vehicle he was driving on that date~ A. A 1957 Volkswagen. Q. And is that listed on the declaration sheet you are testifying from~ A. Yes, it is shown as unit number four. Dep. Q. Unit number fond Would you explain that page 3 r please~ A. At that time there were four units insured under this policy. Number three has been deleted. Q. So at the time that this declaration sheet was issued, there were only three cars insured, is that cor.recu A. Correct. Q. What was the policy number~ A. Policy number

11 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 9 John E. Alderson Q. And this policy did cover three automobiles ~ Q. The '57 Volkswagen, and what we.re the other two vehicles~ A. a 1958 Chevrolet and a 1963 Ford. Q. At the time that you wrote the insurance for Mr. Wolfe, were there premiums charged for all coverages on all vehicles ~ Q. Would you explain that ~ A. Virginia Farm Bureau merchandised their coverage by package, and in this particular instance Mr. Wolfe bought Package Number One, which consisted of $15,000 bodily injury per person, $35,000 for each occurrence, Dep. $10,000 for property damage fo.r each occurrence, page 4 r $1,000 medical pay for each person and he elected to have an additional benefit, which in this case is death benefit. Q. And these death benefits, did they apply to each vehicle~ A. They applied to each person. Q. Each person ~ A. No, excuse me. It applied to man and wife only. Q. In other words, they had to be listed as the person designated, is that correct~ A. That's true. Q. Whe.re was the premium charged for this coverage~ A. The premium charged for the death benefits is on Unit number one, which was a $2.00 premium. Q. But it applied to the persons involved, regardless of whether they were riding in the '63 Ford or any othe.r vehicle named, is that correcu A. That's correct. Q. Would you just go down through the total premiums charged on all three vehicles and explain the diffe.rence, why there is a difference~ Dep. A. Unit number one shows the premium for class page 5 ( 2-C vehicle of $ Of that $82.00, $2.00 of it, as I explained, is the death benefit, leaving a premium of $80 for this unit. Vehicle number.2 has an identical classification, class 2-C, but shows the premium of only $ Q. Why did the dollar drop 1 You explained the two dollars, why did the other dollar drop~ A. For subsequent units under a policy rates for medical coverage are applied which is the reduction of one dollar fo.r each unit.

12 10 Supreme Court of Appeals of Virginia John E. Alderson Q. Would you go on to unit number four~ A. Unit number 4, the '57 Volkswagen, carries a 1-b classification, which is "to and from work" with a premium of $31.00, which is the cor.rect premium would have been $32.00 if it was listed on a policy by itself, but since it isn't the premium was reduced by $1.00; therefore, it's $ Q. Does that $31.00 encompass medical pay coverage on that Vo lkswagen~ A. In this case it included $1,000 medical pay. Q. And this same premium was charged on each vehicle for the medical pay coverage, is that correct~ Mr. Rakes: Objection. Mr. Roe: Let me ask it a different way without leading. Dep. page 6 r By Mr. Roe: (Continuing examination) Q. Tell us whether or not the premiums as you have testified to included and what coverages were included on each vehicle. A. As I have explained, F arm Bureau me.rchandised through us by quoting their coverages in packages and all of those packages, under a family policy, included medical pay. Q. In other words, the way that this package policy was put out, you could not-or could you have not sold- could you or could you not have sold this package policy without there being medical pay ~ A. It could not have been sold without it. The premium was decided not by making a specific charge. The agent did not make a cha.rge for the bodily injury, then a charge for property damage and then a charge for medical pay and then a charge for uninsured motorists, but these packages showed one premium which encompassed all of these coverages. Q. All the coverages that were listed under the policy package~ A. With the exception of the death benefit, which as I stated was optional and he elected to take it. Q. All right, sir, I believe there was also a cov- Dep. erage shown of uninsured motorist coverage, is page 7 r that correct~ A. That's right. This is merchandised in the State of Virginia. Q. And was this included in the ove.rall charge on each vehicle, that coverage~

13 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 11 John E. Alderson Q. How did you determine these premiums on this specific package policy~ Was that furnished to you by your company1 Q. And it was probably furnished you by your company but approved by the State Corporation Commission, or whoever approves it ~ A. The rates are approved by the State. Mr. Roe: I believe that's all at this time. CROSS EXAMINATION By Mr. Rakes: Q. Mr. Alderson, you have mentioned the word "Package" seve.ral times on direct examination. If I understand you correctly, you mean a package policy. By that I mean there are certain coverages that are included in each package~ A. That's true. Dep. Q. And then an insured might have a selection page 8 r of different packages~ Q. For which he could get different coverages, 1s that right~ Q. If you recall, when this insured, Ray C. Wolfe, came in to buy this policy-first, let me ask you this. Did you deal with him personally~ Q. Rather than somebody in your office possibly~ A. I dealt with him personally, yes, sir. Q. At the time he purchased this policy, did Virginia Farm Bureau Mutual Insurance Company have more than one family automobile package policy~ A. They had only one family policy but they offered several different packages under that policy. Q. All right, sir. You explained that this particular policy that was purchased by Mr. Wolfe had bodily injury liability limits of $15,000 for each person, $35,000 for each occurrence, $10,000 for property damage and $1,000 for medical payments, is that right~ Q. Did Mr. Wolfe have the option, had he desired, Dep. to have purchased anothe.r family automobile packpage 9 r age policy with different limits than those 1

14 12 Supreme Court of Appeals of Virginia John E. A lderson Q. Would you just go forward and explain 1 A. To the best of my memory, package number two would have included $30,000 for each person. Q. Bodily injury coverage 7 A. Yes, sir, and $50,000 for each occurrence and $10,000 property damage and $2,000 medical pay. Q. Under coverage "C" you're talking about, then there would have been $2,000 medical pay coverage 1 A. Yes, sir, for each person under coverage "C". In package three, $50,000 bodily injury for each person, $100,000 for each occurrence, $10,000 property damage and $3,000 medical payments. Q. Would the death benefit have still been optional in all those policies 1 A. That's true. Q. What would have been the maximum amount of medical payments coverage that Mr. Wolfe could have purchased at the time you dealt with him and sold him this policy1 Q. Of course the limits would be dictated by the package that he selected. The ma.,'cimum package that we offered at that time would have $100,000 for each person, bodily injury, $300,000 each occurrence, bodily injury, $50,000 Dep. property damage and $5,000 medical payments. page 10 ( Q. And unde.r the family automobile policy that would have been the most limits that could have been purchased through Virginia Farm Bureau Mutual Insurance Company, that is $5,000 med pay, is that righu A. Yes. Q. Was there any conversation between you and Mr. Wolfe with regard to those options that he might have. Did he express any preference to any one over the other~ Mr. Roe : I'm going to have to object to the conversation that transpired between Mr. Wolfe and Mr. Alderson. Mr. Wolfe is not here. Mr. Rakes: You can object to anything Mr. Wolfe said to him. I think he can testify as to what he said to Mr. Wolfe. The Witness: It would be difficult to.recall the exact language that was used at the time that Mr. Wolfe and I first discussed automobile insurance. He was insured with Nationwide, and for some reason which I at this tjme do not recall- Dep. By Mr. Rakes: (Continuing examination)

15 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 13 John E. Alderson page 11 r Q. Are you talking about Nationwide Mutual Insurance Company~ For some reason, which I do not.recall now, he was unhappy with either the company or the agent and he expressed his intentions of changing companies at renewal time, which was still more than a month to si,-x: weeks away, and he indicated that he wanted the minimum limits, which at that time was $15,000/30,000 and $5,000 with no medical pay. Q. Are you talking about the minimum, if I may interpose a minute, the minimum limits that were required by the State of Virginia in order to be licensed to drive without buying the uninsured motorist coverage~ A. That's true, and it has been my practice to discourage applicants who express a desire for the minimum limits because personally I find them insufficient in many cases; but he ultimately bought this package, as you can see, which was above what the law required but it was the smallest limits that Farm Bureau sold. Q. That Virginia Farm Bureau sold at that time~ A. Yes. Q. And it was definitely Mr. Wolfe's preference Dep. to buy the smallest package policy that Virginia page 12 r Farm Bureau sold at that time "? It has been my practice to make sure that an insured bought the minimum coverages over my objections. Q. And did that occur in this in stance~ Q. Just one or two further questions, Mr. Alderson. Explain the rate classification 2-C, if you will. Does that include a youthful driver~ A. Yes, sir, that is a youthful drive.r, young male driver, single and under the age of 25. Q. All right, so is it your understanding the 1963 Ford and the 1958 Chevrolet would be operated from time to time by sons of the insured, Mr. Wolfe, who fit that category~ A. Yes. Q. All.right, but as to the 1957 Volkswagen which carried a 1-B classification, which you described as driving to and from work, it was your understanding the youthful drivers would not be operating that car and that's why he got the "B" rate classification~

16 14 Supreme Court of Appeals of Virginia John E. Alderson A. That's correct, at least, they would not be conside.red driving it very often. Q. All right. Dep. page 13 ~ A. But this of course didn't preclude him taking one of these class 2-B cars to work or vice-versa. Q. I understand, but it was your understanding as the agent that the reason it was classified that way was that those single male drivers under 25 would be using the Ford and Chevrolet on some occasions with regularity? A. Yes. Q. And they would not be using the Volkswagen? A. That's correct. Q. And this would account for the big disparity in the premium charge between the Volkswagen and the other two? A. That's correct. Q. Now would it have been possible at the time Mr. Wolfe bought this insurance to have covered a farm tractor for example~ A. You mean on this policy~ Q. Yes, sir. Q. Now had Mr. Wolfe desired to include as a fourth vehicle on this policy a farm tractor for liability limits, both bodily injury and property damage, would he have been required to have also taken out medical payments coverage? A. No, sir, because a farm tractor carries the Dep. commercial rating and in packaging their liability page 14 ~ limits, Farm Bureau had packaged their basic policies or their commercial coverages in such a manner so that the purchaser would have the option of eithe.r purchasing or not purchasing medical coverage. Q. Just like in the death benefits under this policy~ A. That's correct. Q. Would it have been possible for Mr. Wolfe to haye insured a motorcycle under this package policy? Q. In that instance, would he have had the option as to whether to include it for medical payments coverage~ A. No, sir, because the company would not sell medical payments on a motorcycle. He could not purchase it through this company. Q. You could have added it as an additional vehicle for which he would have been charged a specified premium to be determined f.rom the rate table, but the medical payments coverage that would be applicable for the other part of the

17 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 15 John E. Alderson policy would not cover medical payments on the motorcycle~ A. That's correct. Dep. Q. But as far as the farm tractor is conce.rned, page 15 t the policyholder would have the option of indicating whether he wanted the coverage on that vehicle or not~ A. The farm truck, yes. Mr. Roe : Truck or tractor~ The Witness: Tractor I meant to say. By Mr. Rakes: (Continuing examination) Q. When Mr. Wolfe purchased this policy from the company you represented at that time, Virginia Farm Bureau, was there any conversation one way or the other between you and him as to whether or not more than $1,000 for medical payments coverage would be applicable unde.r this policy~ A. No, sir, because it has been my practice to explain what the coverages were- at that time, $15,000/35,000, $10,000 and $1,000-so there was no statement made at that time as to whether amounts of coverage above those amounts would apply. Q. If I understand you correctly, you explained to Mr. Wolfe that he had $1,000 medical payments coverage pe.r person, per accident~ Mr. Rakes: No further questions. REDIRECT EXAMINATION ByMr.Roe: Dep. Q. As I understand, under the practice of your page 16 t company, o.r the company you were with then, the agent for the defendant, Virginia Farm Mutual Insurance Company, they gave the insured the option of whether or not he wanted medical payments coverage on all passenger-type vehicles~ A. No. Q. They didn't ~ A. He did not have an option. Q. He must take it on all vehicles~ A. On all vehicles under the family policy coverages. Q. So in this policy that was written by Virginia Farm Bureau Insurance Company, Early Settlers Insurance Com-

18 16 Supreme Court of Appeals of Virginia John E. Alderson pany, the insured had no option but to take the medical payments coverage~ A. That's correct. Q. And for this he was charged a premium, is that cor.rect ~ Now I would have no way of knowing what the premium is because it was included in one amount. Q. One amount for all the coverages~ A. For example, this '57 Volkswagen was a premium of $31.00, which included medical payments coverage Dep. but I have no idea as to what it is. page 17 ~ Q. You have no idea how much is medical pay and how much is liability ~ A. No, sir. Q. But the insured had no option but to take that cove.rage ~ A. That's correct. Q. And there is no doubt in your mind but what he was charged some premium for it, although you don't lmow how much ~ A. That's true. Q. And those limits that are shown on Mr. Wolfe's declaration sheet are the smallest that he could take~ A. For the Farm Bureau at that time. Q. And in fact he asked for the smallest he could get and that's what he got~ A. Yes. Q. And I believe your testimony was the company, even though he had wanted to insure a motorcycle, would not have included medical payments on tha t~ A. That's correct. Mr. Roe: I believe that's all I have on Redirect. We are entering as "Exhibit A" what is a photocopy of Dep. the o.riginal declaration sheet from which Mr. Alpage 18 ~ derson has testified. (Copy of declaration sheet marked "Exhibit A" for identification and filed herewith.) RECROSS EXAMINATION By Mr. Rakes : Q. Mr. Alderson, are you presently what is known in the insurance business as an independent agent or are you a direct writer for some other insurance carrier besides Virginia Farm Bureau~

19 Virginia Farm Bureau Mutual Ins. Co. v. Wolfe 17 John E. Alderson A. I am known in the industry now as what 1s called a general agent and I represent several companies. Q. I see. You are then an independent agent 7 Q. That label would :fit what you do now7 A. That's correct. Q. What are the names for some of the compames you w.rite for7 A. The Erie Insurance is our primary company and I also represent the Dairyland Insurance Company. Q. Do you know of your own knowledge at that time when Mr. Wolfe bought this policy from you with Virginia Fa.rm Bureau, whether it would have been possible in the insurance industry at large, maybe even including Nation Dep wide, with whom he had his coverage, to buy the page 19 ( minimum liability limits required by the Division of Moto.r Vehicles of Virginia and not to buy separate medical payments coverage7 A. To my knowledge there, at that time, were several companies that I was aware of that were selling the minimum liability limits, exclusive of medical payments. Q. So that the answer to that question would be that had he not been buying from Virginia Farm Bureau he might have bought from some othe.r company and got the minimum limits required by the State of Virginia; and had he chosen to not buy medical payments coverage, he could have done so7 Well I don't make this statement. I believe your statement included Nationwide Insurance Company. I am not aware if it applied to that company. Mr. Rakes: I understand. That's all. Mr. Roe: I think we established at the time this policy was taken you were the agent of Virginia Farm Bureau Mutual Insurance Company7 The Witness: Yes. Mr. Roe: Would you authorize the court reporter to sign your name to your testimony7 The Witness: Yes. Dep. page 20 ( John E. Alderson, Jr. By Anna J. Tester Notary Public

20 18 Supreme Court of Appeals of Virginia City of Roanoke State of Virginia, To-wit: I, Anna J. Tester, Notary Public for the State of Virginia at Large, hereby certify: The within examination was held before me at the time and place and for the purposes set forth in the caption hereof, at which time the deponent was present, sworn by me, and examined as set forth herein. The foregoing is a true and correct transcript of the examination. Reading and signing of the transcript by the witness was expressly waived by the witness and counsel. I am neither counsel to nor.related to any of the parties and have no interest in this suit. Witness my hand and seal this 10 day of March, Anna J. Tester Notary Public My commission expires : October 2, A Copy- Teste : Howard G. Turner, Clerk.

21 INDEX TO RECORD Page Writ of Error and Supersedeas Awarded Record Motion for Judgment Responsive Pleading of the Defendant Letter from Judge to Counsel Judgment-April 8, Notice of Appeal and Assignments of Error Witness: (Deposition) John E. Alderson

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