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PRESENT: ALL THE JUSTICES GOVERNMENT EMPLOYEES INSURANCE COMPANY v. Record No. 022242 OPINION BY JUSTICE G. STEVEN AGEE JUNE 6, 2003

HOLMES S. MOORE, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY M. Langhorne Keith, Judge This case arises from the parties' declaratory judgment actions in the Circuit Court of Fairfax County seeking a determination of Government Employees Insurance Company's ("GEICO") liability under a Pacesetter Plus Personal Umbrella Liability Insurance policy ("umbrella policy") issued to Holmes S. Moore and Maude E. Moore (collectively, the "Moores"). Holmes S. Moore ("Mr. Moore") presented claims to GEICO stemming from an automobile accident in Calvert County, Maryland, in which he was injured while a passenger in a car driven by his wife, Maude E. Moore ("Mrs. Moore"). At the time of the

accident GEICO insured the Moores under two policies, a Family Combination Automobile Insurance Policy (the "automobile policy") and the umbrella policy. GEICO paid all the claims presented under the automobile policy but sought a declaratory judgment that it was not liable under the umbrella policy for any damages claimed by Mr. Moore. The trial court held that GEICO was liable under the umbrella

policy to provide liability coverage to Mrs. Moore for the personal injury damages asserted by her husband. We awarded GEICO this appeal in which it raises these issues: (1) Whether Virginia Code

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