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ATCHISON & KELLER, INC. v. H. G. SMITHY COMPANY

No. 4107.

243 A.2d 46 (1968)

ATCHISON & KELLER, INC., a corporation, Atchison and Keller Company, a corporation, and Harry H. Conrad Co., Incorporated, a corporation, Appellants, v. H. G. SMITHY COMPANY, a corporation, Appellee.

District of Columbia Court of Appeals.

Decided June 25, 1968.

Attorney(s) appearing for the Case

Mark P. Friedlander, Jr., Washington, D. C., with whom Mark P. Friedlander, Blaine P. Friedlander, Washington, D. C., and Harry P. Friedlander, Arlington, Va., were on the brief, for appellants.

Charles J. Steele, Washington, D. C., with whom John J. Carmody, Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge and MYERS and KELLY, Associate Judges.

KELLY, Associate Judge.

This appeal is from a judgment of the trial court for H. G. Smithy Company, appellee, on appellants' suit in negligence for breach of an alleged duty to disclose that cancellation of a retrospective premium endorsement insurance plan would subject appellants to substantial penalties. We affirm.

From some time prior to World War II appellants, who are engaged in the plumbing and heating business, had placed all of their insurance through...

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