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MONTGOMERY MUT. INS. CO. v. RIDDLE

Record No. 021271.

587 S.E.2d 513 (2003)

266 Va. 539

MONTGOMERY MUTUAL INSURANCE COMPANY v. Jeffrey RIDDLE, et al.

Supreme Court of Virginia.

October 31, 2003.

Attorney(s) appearing for the Case

Stephen A. Horvath (Trichilo, Bancroft, McGavin, Horvath & Judkins, on briefs), Fairfax, for appellant.

John H. Carstens (Myron Teluk; Jordan, Coyne & Savits, on briefs), Fairfax, for appellees.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether Code § 38.2-309 requires proof of actual reliance by an insurance company on material misrepresentations made in an application for insurance before a policy of insurance can be declared void.

I. Facts and Proceedings

Jeffrey S. Riddle ("Riddle") was a subcontractor with Pennington Construction. Pennington Construction required him to obtain general liability insurance...

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