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BANKERS & SHIPPERS INS. CO. OF N. Y. v. WATSON

Record Nos. 750642, 750694.

224 S.E.2d 312 (1976)

216 Va. 807

BANKERS & SHIPPERS INSURANCE COMPANY OF NEW YORK v. Garlon M. WATSON et al. UNITED STATES FIRE INSURANCE COMPANY v. BANKERS & SHIPPERS INSURANCE COMPANY OF NEW YORK et al.

Supreme Court of Virginia.

April 23, 1976.

Attorney(s) appearing for the Case

Donnell P. Davis, Virginia Beach (Furniss, Davis & Sachs, Virginia Beach, on brief), for plaintiff in error Bankers & Shippers Ins. Co. of New York.

Rodham T. Delk, Jr., Smithfield, Robert E. Gillette, Suffolk (Rodham T. Delk, Delk & Barlow, Smithfield, on brief), for defendants in error Watson et al.

James A. Howard and J. Carroll Fears, Jr., Norfolk, for Lumbermens Mut. Cas. Co. and Criterion Ins. Co.

No briefs filed or oral arguments on behalf of Stanley G. Lowe, Administrator; Evelyn C. Carr, Administratrix; Bonney Motor Express, Inc., defendants in error.

Rodham T. Delk, Jr., Smithfield (Rodham T. Delk, Delk & Barlow, Smithfield, on brief), for plaintiff in error U. S. Fire Ins. Co.

Robert E. Gillette, Suffolk, Donnell P. Davis, Virginia Beach (Furniss, Davis & Sachs, Virginia Beach, on brief), for defendants in error Bankers & Shippers Ins. Co. of New York.

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

I'ANSON, Chief Justice.

This declaratory judgment proceeding was brought by Bankers & Shippers Insurance Company of New York (Bankers & Shippers) to determine its potential liability for wrongful death claims arising out of a collision between a tractor-trailer unit and an automobile in which Julian Russell Carr and Floyd Michael Carr were killed. Although both tractor and trailer were owned by George M. Watson, trading as Windsor Granary (Watson), the tractor...

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