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AUGUSTA MUT. INS. CO. v. MASON

Record No. 061339.

645 S.E.2d 290 (2007)

AUGUSTA MUTUAL INSURANCE COMPANY v. Carvie M. MASON, JR., et al.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

John C. Wirth (Victor M. Santos; Nelson, McPherson, Summers & Santos, on briefs), Staunton, for appellant.

Deborah B. Schechner; Julie S. Palmer (Robin M. Cole; Richard K. Bennett; Siciliano, Ellis, Dyer & Boccarosse; Harman, Claytor, Corrigan & Wellman, on briefs), for appellees Herbert L. Jones, Jr. and Lee-Curtis Insurance Service, Inc.

No brief filed by appellees Carvie M. Mason, Jr. and Joseph W. Mason.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

The dispositive issue in this appeal concerns the legal sufficiency of an insurance company's pleading in a third-party action for damages arising out of an insurance agent's allegedly fraudulent misrepresentations regarding the condition of a dwelling that the insurance company agreed to insure. Because the only duties allegedly violated by the agent emanate exclusively from the parties' preexisting contractual relationship,...

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