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SERVICE CASUALTY COMPANY OF NEW YORK v. MARCUM

386 S.W.2d 474 (1965)

SERVICE CASUALTY COMPANY OF NEW YORK, Appellant, v. Millard MARCUM, Appellee.

Court of Appeals of Kentucky.

January 29, 1965.

Attorney(s) appearing for the Case

Calvert C. Little, London, for appellant.

Lester H. Burns, Jr., John M. Lyttle, Manchester, Robert L. Milby, Hamm, Taylor & Milby, London, for appellee.

WADDILL, Commissioner.

On February 9, 1962, the appellant, Service Casualty Company of New York, insured for one year the appellee, Millard Marcum, against loss by collision of one of his trucks. The policy provided that the liability of the Company would not exceed what it would cost to repair the truck and that the Company would either repair the truck or make a cash settlement.

The truck was damaged in a collision on March 28, 1962. The Company conceded...

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