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ST. PAUL MERCURY INS. CO. v. NATIONWIDE MUT. INS. CO.

161 S.E.2d 694 (1968)

209 Va. 18

ST. PAUL MERCURY INSURANCE COMPANY v. NATIONWIDE MUTUAL INSURANCE COMPANY, Tilden Elkins, Troy Leon Elkins and William R. Elkins.

Supreme Court of Appeals of Virginia.

June 10, 1968.

Attorney(s) appearing for the Case

Andrew P. Miller, Abingdon (Penn, Stuart & Miller, Abingdon, on brief), for plaintiff in error.

William J. Sturgill, Leslie M. Mullins, Norton (Grear, Bowen, Mullins, Sturgill & Robertson, Norton, on brief), for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

EGGLESTON, Chief Justice.

St. Paul Mercury Insurance Company filed in the court below a motion for a declaratory judgment against Nationwide Mutual Insurance Company, Tilden Elkins, Troy Leon Elkins and William R. Elkins to determine the liability, if any, of the two insurance companies for damages for injuries sustained by William R. Elkins in an automobile accident. The motion alleged that on or about May 29, 1965 William R. Elkins, a passenger in a car driven by...

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