Thomas D. Horne, Chief Judge
Steven L. Smith, Esquire
Two Penn Ctr., Ste. 1705
Philadelphia, Pennsylvania 19102 William H. Atwill, Jr., Esquire
101 North King Street
Leesburg, Virginia 20176 Edward J. Longosz, Esquire
Emily A. Nack, Esq.
1250 24th Street, N.W., 7th Floor
Washington, D.C. 20037 Dear Counsel:
Counsel for the defendants has demurred to the instant Motion for Judgment that seeks recovery of damages sustained as a result of a fire that occurred at premises owned by Douglas F. and Linda R. Lawson and insured by them with the Harleysville Mutual Insurance Company. Harleysville Mutual has paid the Lawson's for their loss and now, as subrogee, seeks reimbursement for the payment made to its insured from the lessee of the premises, Browning-Ferris, Inc. In addition, an employee of Browning-Ferris, Inc. has been joined as a defendant based upon his alleged negligence in starting the fire while in the employ of Browning-Ferris, Inc.
On demurrer , the Court must accept not only the verity of the facts pled but also those implied or inferred from the motion for judgment. Luckett v. Jennings, 246 Va. 303 (1993). Negligence need not be pled with the particularity demanded by the defendants in order to survive demurrer. Va. Sup. Ct. R. 3:16 (b). The right of the plaintiff to recover is concomitant with those of its insured. Defendant's reliance on the terms of the lease to bar recovery at this stage of the proceedings is premature. It cannot be concluded at this stage of the proceedings that the terms of the lease are, when read with the facts as pled and those implied or inferred, so devoid in ambiguity as to bar recovery at this nascent stage of the proceedings.
The demurrer will be overruled. Counsel for the plaintiffs may draw an order consistent with this opinion to which counsel for the defendants may note their exception.
Very truly yours,
Thomas D. Horne, Chief Judge