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SPENCER v. TRAVELERS INSURANCE COMPANY

No. 12229.

133 S.E.2d 735 (1963)

Tracy N. SPENCER, Jr. v. The TRAVELERS INSURANCE COMPANY, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided November 19, 1963.

Concurring Opinion December 13, 1963.

Attorney(s) appearing for the Case

Poffenbarger & Bowles, Martin C. Bowles, John T. Poffenbarger, Charleston, for appellant.

Jackson, Kelly, Holt & O'Farrell, W. T. O'Farrell, Robert L. Elkins, Charleston, for appellee.

BERRY, President:

This is an action based on an insurance policy obtained by the plaintiff, Tracy N. Spencer, Jr., from the defendant, The Travelers Insurance Company, a corporation. The insurance policy in question protected the plaintiff against claims for injuries received by persons while on his premises for which he would be liable, but excluded injuries to any employee. An injury was received by a cleaning woman, Bertha Smith, while she was cleaning the plaintiff...

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