CRETEAU v. PHOENIX ASSURANCE COMPANY OF NEW YORK


119 S.E.2d 336 (1961)

202 Va. 641

Margaret M. CRETEAU v. PHOENIX ASSURANCE COMPANY OF NEW YORK.

Supreme Court of Appeals of Virginia.

April 24, 1961.


Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk (Herman A. Sacks, Sacks & Sacks, Norfolk, on the brief), for plaintiff in error.

M. T. Bohannon, Jr., Norfolk (Herbert & Bohannon, Norfolk, on the brief), for defendant in error.

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


SNEAD, Justice.

This appeal by Margaret M. Creteau resulted from an order sustaining a demurrer of Phoenix Assurance Company of New York to her amended motion for judgment.

Plaintiff alleged in her amended motion for judgment that Phoenix, the defendant, on March 14, 1959, issued a liability insurance policy on an automobile owned by Thomas Lee McBryde; that while she was a passenger in the car driven by McBryde it became involved in an accident on May 2,...

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