The defendant insurer, Dominion, sought permission at a case conference to bring a motion for partial summary judgment to dismiss the plaintiff's underinsured motorist claim.
The plaintiff opposed, arguing the motion was premature and involved significant credibility and damages issues.
The court dismissed the request to schedule the motion, finding that a partial summary judgment posed a significant risk of inconsistent findings at trial, involved credibility issues regarding the plaintiff's injuries, and would not be efficient given the incomplete evidentiary record.
