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BUCKEYE UNION CASUALTY COMPANY v. PERRY

No. 12527.

406 F.2d 1270 (1969)

The BUCKEYE UNION CASUALTY COMPANY, an Ohio Corporation, Appellee, v. John PERRY, Jerry Lee Nickoson, Charles S. Nickoson, Dallas Marcum, and Leon Marcum, Appellants.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1969.

Attorney(s) appearing for the Case

Thomas P. Maroney, Charleston, W. Va. (Rudolph L. DiTrapano, Charleston, W. Va., on brief), for appellants.

George S. Sharp, Charleston, W. Va., for appellee.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

Buckeye Union Casualty Company instituted a declaratory judgment action to establish that it has no obligation under an automobile insurance policy which it had issued to the defendant John Perry. The District Court granted the insurer's motion for summary judgment, holding that even if the policy did cover the accident in question, the insurer had no obligation because of Perry's failure to give timely notice. Perry appeals from the summary...

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