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VIRGINIA MUT. INS. CO. v. STATE FARM MUT. AUTO. INS. CO.

133 S.E.2d 277 (1963)

204 Va. 783

VIRGINIA MUTUAL INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Supreme Court of Appeals of Virginia.

December 2, 1963.

Attorney(s) appearing for the Case

Robert E. Taylor, Charlottesville (M. Wallace Moncure, Jr., Richmond; Taylor, Camblos & Michie; Charlottesville; Moncure & Cabell, Richmond, on brief), for plaintiff in error.

C. Armonde Paxson, Charlottesville (Paxson, Marshall & Smith, Charlottesville, on brief), for defendants in error.

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

CARRICO, Justice.

On August 7, 1962, Virginia Mutual Insurance Company filed a motion for declaratory judgment against State Farm Mutual Automobile Insurance Company, Harry A. Austin, Dorothy W. Austin, Gerald F. Kestner and Anna Kate Kestner.

The controversy arose out of an automobile accident in which the Austins were injured when their vehicle was in collision with one being operated by Anna Kestner. Following the accident, the Austins instituted actions...

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