PHOENIX ASSURANCE COMPANY OF NEW YORK v. HARRY HARLESS COMPANY

No. 27395.

414 F.2d 794 (1969)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Plaintiff-Appellee, v. HARRY HARLESS COMPANY, Inc., et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

July 23, 1969.


Attorney(s) appearing for the Case

Paul G. Smith, Thomas B. Huie, Birmingham, Ala., Huie, Fernambucq & Stewart, Birmingham, Ala., of counsel, for appellant Harry Harless Co., Inc.

C. Wm. Gladden, Jr., Birmingham, Ala., other interested party.

Herbert W. Peterson, W. Eugene Rutledge, Birmingham, Ala., Rives, Peterson, Pettus, Conway & Burge, Birmingham, Ala., of counsel, for appellee.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.


PER CURIAM:

Phoenix sought a declaratory judgment pursuant to Title 28 U.S.C.A. § 2201 to establish that Harless failed to comply with the notice provision of his liability insurance policy and was thus barred from asserting a claim. The jury found for Harless. The trial judge then entered a judgment notwithstanding the verdict in favor of Phoenix. We affirm.

The policy in question provided that the insured had the duty to inform the company of an occurrence...

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