Cunningham v. Insurance Company of North America

This case involves a controversy between the judgment creditor of an uninsured motorist and two insurance companies as to which company is liable to the creditor and in what amount.

The facts are not in dispute. George O. Cunningham, Jr., an employee of the Virginia Department of Highways, was riding in a Ford automobile owned by the Department and driven by a fellow employee, Rawley D. Yeatts, when this vehicle was involved in an accident with another vehicle owned by Don M. Selvey, an uninsured motorist.

Cunningham was killed in the accident and his administratrix recovered a $40,000 judgment…