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JONES v. BITUMINOUS CAS. CORP.

No. 90-SC-746-DG.

821 S.W.2d 798 (1991)

John JONES, Movant, v. BITUMINOUS CASUALTY CORPORATION, Huston Partin, Darrell Petry, Dean Petry, Ronnie Petry, Elmer Petry, Robert Petry, Clanis Partin, Michael Paul, Mitchell Powers, Glenous Lawson, Steve Randle, Rick Curnett, Larry Walker, Carl Mays, Lonnie Hamblin, S & J Mining Company, Respondents.

Supreme Court of Kentucky.

December 19, 1991.

Attorney(s) appearing for the Case

Guy E. Millward, Jr., Millward and Jewell, Barbourville, for movant.

David C. Long, Robert S. Walker, III, Marco M. Rajkovich, Lexington, for respondent, Bituminous Cas. Corp.

Paul Baker, Penny R. Warren, Warren & Baker, Artemus, for respondents, Huston Partin, et al.

LEIBSON, Justice.

Bituminous Casualty Corporation, the respondent, filed a Declaration of Rights action in Knox Circuit Court seeking a judgment declaring it has "no obligation or duty to appear and defend . . . or to indemnify" under a liability insurance policy issued to Huston Partin and others doing business as S & J Mining Company, with regard to injuries sustained by John Jones, the movant, in an explosion on the mining company's premises occurring February...

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