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REYNOLDS METALS CO. v. SMITH

Record No. 761488.

241 S.E.2d 794 (1978)

REYNOLDS METALS COMPANY and Metropolitan Life Insurance Company v. Arthur Lee SMITH, Jr.

Supreme Court of Virginia.

March 3, 1978.

Attorney(s) appearing for the Case

McDonald Wellford, Jr., Alexander Wellford, Richmond (Wellford & Taylor, Christian, Barton, Epps, Brent & Chappell, Richmond, on brief), for plaintiffs in error.

James A. Eichner, Richmond (George E. Allen, III, Allen, Allen, Allen & Allen, Richmond, on brief), for defendant in error.

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

HARMAN, Justice.

The question posed by this appeal is whether the trial court erred in its holding that the so-called "non-duplication of benefits provision" of a health and accident insurance policy was invalid under the proscription against subrogation contained in Code § 38.1-342.2.

The facts have been stipulated. Arthur Lee Smith, Jr. (Smith or plaintiff), an employee of Reynolds Metals Company (Reynolds), was injured in an automobile accident on...

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