U.S.F. & G. v. NAT. PAV. CO.

[No. 172, September Term, 1961.]

228 Md. 40 (1962)

178 A.2d 872

UNITED STATES FIDELITY AND GUARANTY COMPANY v. NATIONAL PAVING AND CONTRACTING COMPANY

Court of Appeals of Maryland.

Decided March 13, 1962.


Attorney(s) appearing for the Case

G.C.A. Anderson, with whom were J. Kemp Bartlett, Jr., Anderson, Barnes, Coe & King and Bartlett, Poe & Claggett on the brief, for the appellant.

Charles C.G. Evans and Mathias J. DeVito, with whom were Piper & Marbury on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HAMMOND, HORNEY, MARBURY and SYBERT, JJ.


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

This appeal presents the question whether an insurer properly denied coverage under its policy and refused to defend its insured who was sued for personal injuries in a motor vehicle collision case.

The insured, National Paving and Contracting Company (plaintiff below and appellee here), is in the business of manufacturing asphalt paving material and of paving streets...

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