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WEST AMERICAN v. POPA

No. 28, Sept. Term, 1996.

723 A.2d 1 (1998)

352 Md. 455

WEST AMERICAN INSURANCE COMPANY v. John POPA, et al.

Court of Appeals of Maryland.

Reconsideration Denied February 5, 1999.

Attorney(s) appearing for the Case

George M. Church (Francis V. Kenneally, Church & Houff, P.A., on brief), Baltimore, for petitioner.

Marc Seldin Rosen (Colleen A. Cavanaugh, Scanlan & Rosen, P.A., on brief), Baltimore, for respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, RAKER and ROBERT C. MURPHY (Retired, specially assigned), JJ.

ELDRIDGE, Judge.

This case presents several issues arising under the uninsured motorist provisions contained in a policy of automobile insurance sold in Maryland.

I.

On July 1, 1991, Jonathan David Popa was operating an automobile which was stopped below the crest of a hill on U.S. Route 1 in Cecil County, Maryland. His vehicle was struck by a Maryland State Police car driven by Trooper Rodney Manuel, resulting in Jonathan's death. The car which...

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