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STATE FARM MUTUAL AUTOMOBILE INC. CO. v. SMITH

142 S.E.2d 562 (1965)

206 Va. 280

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Elbert B. SMITH.

Supreme Court of Appeals of Virginia.

June 14, 1965.

Attorney(s) appearing for the Case

E. Page Preston, Norfolk (Preston & Preston, Norfolk, on brief), for plaintiff in error.

J. Carroll Fears, Jr., Norfolk (Taylor, Gustin, Harris, Fears & Davis, Norfolk, on brief), for defendant in error.

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

GORDON, Justice.

Elbert B. Smith, who had obtained a judgment for $4,500 against Elaine R. Mellow for injuries sustained in an automobile accident, brought this action against State Farm Mutual Automobile Insurance Company ("State Farm") upon its automobile policy naming Elaine R. Mellow as the insured.1

The automobile driven by Elaine R. Mellow and involved in the accident was owned by her sister's husband, Francis J. Frost. Therefore...

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