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UNITED STATES FIDELITY AND GUARANTY CO. v. HAYWOOD

177 S.E.2d 530 (1970)

211 Va. 394

UNITED STATES FIDELITY AND GUARANTY COMPANY v. Fred W. HAYWOOD et al., etc.

Supreme Court of Appeals of Virginia.

November 30, 1970.

Attorney(s) appearing for the Case

James F. Johnson, Roanoke (William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for plaintiff in error.

William T. Wilson, Hale Collins, Covington (Collins & Wilson, Covington, on brief), for defendant in error.

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

CARRICO, Justice.

In a motion for declaratory judgment filed against Fred W. Haywood and Stephen N. Haywood, United States Fidelity and Guaranty Company sought to have declared void a fire insurance binder issued in the name of Stephen N. Haywood, trading as Covington Vending Service. The basis of the claim for relief was that Fred W. Haywood, in order to obtain insurance on vending machines owned by him, had wilfully misrepresented to USF&G's agent that he was...

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