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FIDELITY AND CASUALTY CO. OF N. Y. v. FRATARCANGELO

112 S.E.2d 892 (1960)

201 Va. 672

FIDELITY AND CASUALTY COMPANY OF NEW YORK v. Dante FRATARCANGELO et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 26, 1960.

Attorney(s) appearing for the Case

Alexander H. Sands, Jr., Richmond (Sands, Marks & Sands, Richmond, on brief), for plaintiff in error.

James G. Harrison, Hopewell (Harrison & Harrison, Hopewell, on brief), for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD, and I'ANSON, JJ.

WHITTLE, Justice.

This is a declaratory judgment proceeding brought for the purpose of construing a policy of liability insurance issued by the Fidelity and Casualty Company of New York, hereinafter called Fidelity, to Dante Fratarcangelo and Harry Fratarcangelo, T/A Hopewell Iron and Steel Company, hereinafter called the insured.

The petition for declaratory judgment filed by the insured against Fidelity alleged that for a number of years the insured had...

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