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UTICA MUTUAL INS. CO. v. STATE FARM MUTUAL AUTO. INS. CO.

No. 8064.

280 F.2d 469 (1960)

UTICA MUTUAL INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Laurie Cecil, Mary Margaret Shelton (Crowder), William Marshall Shelton, and Lonza L. Shelton, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 13, 1960.

Attorney(s) appearing for the Case

E. Ballard Baker, Richmond, Va. (James I. Moyer, Salem, Va., on brief), for appellant.

Richard C. Rakes, Roanoke, Va. (Gentry, Locke & Rakes, Roanoke, Va., on brief), for appellee State Farm Mut. Automobile Ins. Co.

J. Albert Ellett, Roanoke, Va., for appellee Laurie Cecil.

B. Purnell Eggleston, Roanoke, Va. (Eggleston, Holton & Glenn, Roanoke, Va., on brief), for appellee Mary Margaret Shelton Crowder.

Before SOBELOFF, Chief Judge, and HAMLEY and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This controversy between two insurance companies arises out of the contention of the one having the primary coverage that it did not receive written notice of the accident "as soon as practicable" within the notice requirement of its policy. A jury found that it did, and the question here is whether there was sufficient evidence to support the finding.

Mary Margaret Shelton, a 17-year old high school student, resided in Roanoke,...

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