UTICA MUTUAL INSURANCE CO. v. NATIONAL INDEMNITY CO.


173 S.E.2d 855 (1970)

210 Va. 769

UTICA MUTUAL INSURANCE COMPANY and Safeguard Insurance Company v. NATIONAL INDEMNITY COMPANY and Obadiah R. Merricks.

Supreme Court of Appeals of Virginia.

April 27, 1970.


Attorney(s) appearing for the Case

John L. Walker, Jr., Roanoke, James I. Moyer, Salem (O. Dalton Baugess, Salem, Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for appellants.

Richard C. Rakes, Roanoke (Gentry, Locke, Rakes & Moore, Roanoke, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.


HARMAN, Justice.

This is an appeal from a final decree in a declaratory judgment suit wherein the trial court declared void ab initio a policy, of automobile liability insurance issued by National Indemnity Company ("National"), to John Taylor Brown, deceased, ("Brown"). The decree further provided that National had no duty to pay any part of a judgment obtained by Obadiah R. Merricks against Brown's administrator.

This case was heard by the trial court...

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