NORTH RIVER INS. CO. v. CONNECTICUT FIRE INS. CO.

Civ. A. No. 577.

233 F.Supp. 31 (1964)

The NORTH RIVER INSURANCE COMPANY and Irvin Lee Bailey, Plaintiffs, v. The CONNECTICUT FIRE INSURANCE COMPANY, Helen B. Terry, Administratrix of the Estate of Chiswell Dabney Terry, deceased, and Isaac Jones Terry, Defendants.

United States District Court W. D. Virginia.

June 19, 1964.


Attorney(s) appearing for the Case

Richard C. Rakes, of Gentry Locke & Rakes, Roanoke, Va., for plaintiffs North River Ins. Co. and Bailey.

Charles R. Warren, Jr., Danville, Va., for defendant Connecticut Fire Ins. Co.

C. Stuart Wheatley, of Talbott, Wheatley & Talbott, Danville, Va., for defendant Helen B. Terry.

William H. Smith, of Garrett, Garrett & Smith, Danville, Va., for defendant Isaac Jones Terry.

Edwin B. Meade, of Meade, Tate & Meade, Danville, Va., for defendant Fidelity & Casualty Co.


DALTON, Chief Judge.

This is a declaratory judgment action to determine the potential insurance coverage available for liability incurred by Irvin L. Bailey, one of the plaintiffs herein, as a result of losses sustained in an accident which occurred while he was driving a "non-owned" automobile. The action was heard by the Court without a jury.

In the one-car collision Isaac Terry, defendant, allegedly suffered personal injuries and Chiswell D. Terry was killed...

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