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NATIONWIDE MUT. INS. CO. v. HILL

Record Nos. 921827, 921836.

439 S.E.2d 335 (1994)

NATIONWIDE MUTUAL INSURANCE COMPANY v. Richard HILL, Administrator of the Estate of Rebecca H. Henley, deceased. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Richard HILL, Administrator of the Estate of Rebecca H. Henley, deceased.

Supreme Court of Virginia.

January 7, 1994.

Attorney(s) appearing for the Case

Paul D. Fraim, Norfolk (Todd M. Fiorella, Norfolk, Jason E. Dodd, Richmond, Heilig, McKenry, Fraim & Lollar, Norfolk, on brief), for appellant in Record No. 921827.

John G. Crandley, Virginia Beach (Preston, Wilson & Crandley, on brief), for appellant in Record No. 921836.

Robert L. Samuel, Jr., Virginia Beach (Stephen C. Swain, S. Geoffrey Glick, Clark & Stant, on brief), for appellee in both cases.

Amicus curiae (Christopher A. Meyer, Allen, Allen, Allen, & Allen, Richmond, on brief), in support of appellee in both cases.

Present: All the Justices.

LACY, Justice.

On March 27, 1987, Rebecca H. Henley was riding in an automobile driven by Mary Ann Forsyth. Forsyth collided with a vehicle driven by Martin W. Jones. Both Forsyth and Henley died as a result of the injuries they sustained in the accident.

Richard Hill, as guardian of the estate of Rebecca Henley, an incompetent,1 filed a motion for judgment against Jones and Nicholas Themides, administrator of the estate of Mary...

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