AETNA CASUALTY AND SURETY COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


181 S.E.2d 614 (1971)

212 Va. 15

AETNA CASUALTY AND SURETY COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Supreme Court of Appeals of Virginia.

June 14, 1971.


Attorney(s) appearing for the Case

John B. Spiers, Jr., Radford (Spiers, Spiers & Mink, Radford, on brief), for plaintiff in error.

Stuart B. Campbell, Jr., Wytheville (Campbell & Campbell, Wytheville, on brief), for defendants in error.

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


PER CURIAM.

State Farm Mutual Automobile Insurance Company ("State Farm") brought this action against Aetna Casualty and Surety Company ("Aetna") seeking a declaratory judgment that a policy issued by Aetna, and not a policy issued by State Farm, provided primary indemnity to Richard Dale Porter for his liabilities arising out of an automobile accident.

Before the accident Porter took his car to Mink Motor Sales, Inc. ("Mink") for repairs and rented a car...

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