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STATE FARM MUT. AUTO. INS. CO. v. DAVIES

Record No. 810486.

310 S.E.2d 167 (1983)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Dixie K. DAVIES, et al.

Supreme Court of Virginia.

December 2, 1983.

Attorney(s) appearing for the Case

John G. Crandley, Virginia Beach, (E. Page Preston; Preston & Wilson, Virginia Beach, on brief), for appellant.

Alan B. Rashkind, Norfolk, (Richard A. Saunders; Furniss, Davis & Rashkind, Norfolk, on brief), for appellees.

No brief or argument for Dixie K. Davies, appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

CARRICO, Chief Justice.

This appeal in a declaratory judgment proceeding involves the conceded breach of the cooperation clause of an automobile liability insurance policy and presents the question whether the breach prejudiced the insurance carrier in its defense of an action for damages. The question is presented against the following background:

On August 2, 1974, Dixie K. Davies was injured when the vehicle...

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