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AETNA CASUALTY & SURETY CO. v. FEDERAL INS. CO. OF N.Y.

No. 12220.

133 S.E.2d 770 (1963)

AETNA CASUALTY AND SURETY COMPANY v. FEDERAL INSURANCE COMPANY OF NEW YORK.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1963.

Attorney(s) appearing for the Case

Donell & Tarr, Donald R. Donell, Floyd R. Tarr, W. Dean DeLaMater, Weirton, for appellant.

Thomas B. Miller, Schmidt, Laas, Schrader & Miller, Arthur M. Recht, Wheeling, for appellee.

HAYMOND, Judge.

This is a controversy between two insurance companies which issued separate policies of fire insurance upon personal property owned by John T. Defibaugh and Edward Shane, doing business as Modern Home Appliance, in Weirton, Hancock County, West Virginia, consisting of household appliances and merchandise. A considerable quantity of the insured property, located in the store of Modern Home Appliance at 3166 Main Street, in Weirton, West Virginia, was...

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