MARYLAND AUTO. INS. FUND v. SPARKS

No. 1296, September Term, 1978.

42 Md. App. 382 (1979)

400 A.2d 26

MARYLAND AUTOMOBILE INSURANCE FUND v. DUDLEY KENNETH SPARKS ET AL.

Court of Special Appeals of Maryland.

Decided April 20, 1979.


Attorney(s) appearing for the Case

Thomas E. Plank, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, John J. Corbley, Neal D. Peterson and John Addison Howard on the brief, for appellant.

William C. Stephens for appellee Sparks. Submitted on brief by Joseph W. Pitterich for other appellee.

The cause was argued before MORTON, THOMPSON and LOWE, JJ.


LOWE, J., delivered the opinion of the Court.

For purposes of this appeal the pertinent facts indicate that a declaratory judgment was prayed by appellee to determine whether he was covered by the insurance of the Maryland Automobile Insurance Fund (MAIF) on the night of July 30, 1976. A summary judgment motion by MAIF was twice denied and substantial testimony taken, at the conclusion of which appellee was granted, and MAIF was denied, a directed verdict.

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