GLENS FALLS INSURANCE COMPANY v. LONG


195 S.E.2d 887 (1973)

GLENS FALLS INSURANCE COMPANY v. John Garnett LONG et al.

Supreme Court of Virginia.

April 23, 1973.


Attorney(s) appearing for the Case

Alexander H. Slaughter, Richmond (Murray H. Wright, McGuire, Woods & Battle, Richmond, on brief), for plaintiff in error.

James M. Minor, Jr., Aubrey R. Bowles, Jr., Richmond (Harrison Hubard, Jr., Minor, Thompson, Savage, Smithers & Benedetti, Richmond, on brief), for defendants in error.

Before I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.


CARRICO, Justice.

The determinative question for decision in this appeal is whether an automobile insurance carrier is required to prove the willfulness of a misrepresentation where it seeks to sustain the ab initio cancellation of an insurance policy issued under the Virginia Assigned Risk Plan.

The question arose in a declaratory judgment proceeding brought by John Garnett Long. He alleged that he was occupying...

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