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ELLIOTT v. JAMESTOWN MUT. INS. CO.

No. 828, September Term, 1974.

27 Md. App. 566 (1975)

342 A.2d 319

ROSBIA CHARLES ELLIOTT ET AL. v. JAMESTOWN MUTUAL INSURANCE COMPANY ET AL.

Court of Special Appeals of Maryland.

Decided July 24, 1975.

Attorney(s) appearing for the Case

Joseph Y. Brattan, with whom were Arnold, Beauchemin & Huber, P.A., on the brief, for appellants.

Robert E. Powell, with whom were Richard D. Bennett and Smith, Somerville & Case on the brief, for appellee Jamestown Mutual Insurance Company, and William R. Hymes for the Unsatisfied Claim and Judgment Fund, other appellee.

The cause was argued before MORTON, MENCHINE and LOWE, JJ.

MORTON, J., delivered the opinion of the Court. LOWE, J., concurs and dissents and filed a concurring and dissenting opinion at page 575 infra.

Jamestown Mutual Insurance Company, pursuant to Md. Code, Art. 31A, filed a declaratory judgment action against its insured, Henry J. Getson, and against Rosbia and Georgia Elliott to determine the question of coverage under an automobile liability insurance policy issued by the company to Getson, against whom the Elliotts...

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