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AMERICAN INSURANCE COMPANY v. TUTT

No. 7158.

314 A.2d 481 (1974)

The AMERICAN INSURANCE COMPANY, Appellant, v. Homer O. TUTT, Jr., Appellee.

District of Columbia Court of Appeals.

Decided January 18, 1974.

As Modified February 14, 1974.

Attorney(s) appearing for the Case

Leo A. Roth, Jr., Washington, D. C., with whom Denver H. Graham, Washington, D. C., was on the brief, for appellant.

Robert Cadeaux, Washington, D. C., with whom Edward Jasen, Washington, D. C., was on the brief, for appellee.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

YEAGLEY, Associate Judge:

In this appeal the appellant (hereinafter the "company") seeks relief from a decision by the trial court denying its motion for summary judgment in its action seeking a declaratory judgment that it was not obligated to pay appellee anything under the terms of the uninsured motorist coverage in his automobile insurance policy. The trial court granted summary judgment to appellee (hereinafter the "insured"), holding, in effect, that he was...

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