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NATIONWIDE MUTUAL INSURANCE COMPANY v. AKERS

No. 9536.

340 F.2d 150 (1965)

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Appellee, v. Philip AKERS, an infant under the age of twenty-one years, Dorothy Akers, Charlotte Smith, Johnny Akers, Jonathon Akers, an infant under the age of twenty-one years, Charlotte Y. Smith, Administratrix of the Estate of Willie Mae Akers, Deceased, and Edward Henry Smith, Appellants.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1965.

Attorney(s) appearing for the Case

H. Lee Kanter, Norfolk, Va. (Kanter, Kanter & Sachs, Norfolk, Va., on brief), for appellants.

E. Pryor Wormington, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee.

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

BOREMAN, Circuit Judge.

The Uninsured Motorist Law of Virginia requires that all automobile liability insurance policies issued in the State shall contain an endorsement indemnifying the insured for injury caused by an uninsured motor vehicle. Code of Va., sec. 38.1-381(b) (Michie 1953 as amended). In the present controversy Nationwide Mutual Insurance Company (hereinafter Nationwide) brought an action for declaratory judgment to determine the coverage of an uninsured...

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