PHILLIPS v. GLENS FALLS INSURANCE COMPANY

No. 12945.

409 F.2d 206 (1969)

Vernon PHILLIPS and Margaret Phillips, his wife, and as mother and next friend of Linda Phillips Morris, formerly Linda Phillips, Appellees, v. GLENS FALLS INSURANCE COMPANY, a corporation, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 14, 1969.


Attorney(s) appearing for the Case

Edward W. Eardley, Charleston, W. Va. (Carl F. Stucky, Jr., and Steptoe & Johnson, Charleston, W.Va., on brief), for appellant.

J. Campbell Palmer, III, Charleston, W. Va., for appellees.

Before SOBELOFF, BOREMAN, and BUTZNER, Circuit Judges.


PER CURIAM:

Linda Phillips Morris brought this action against Glens Falls Insurance Company to satisfy a judgment she had previously obtained against Glens Falls' insured, William G. White, for injuries received in an automobile accident. Glens Falls defended on the ground that White had breached the policy's cooperation clause by failing to appear at the trial of the negligence action. Mrs. Morris countered with the assertion that Glens Falls had not been prejudiced...

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