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LEVENTHAL v. PHOENIX INSURANCE COMPANY

No. 4348.

251 A.2d 391 (1969)

Louis LEVENTHAL, Appellant, v. The PHOENIX INSURANCE COMPANY, a corporation, and A. S. Gardiner Insurance Agency, Inc., a corporation, Appellees.

District of Columbia Court of Appeals.

Decided March 21, 1969.

Attorney(s) appearing for the Case

Louis Ginberg, Washington, D. C., for appellant.

Denver H. Graham, Washington, D. C., with whom Albert E. Brault, Washington, D. C., was on the brief, for appellee The Phoenix Ins. Co.

Austin F. Canfield, Jr., Washington, D. C., with whom Richard W. Galiher, Washington, D. C., was on the brief, for appellee A. S. Gardiner Ins. Agency, Inc.

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

HOOD, Chief Judge:

This action was brought by appellant to recover the amount of damages done to his automobile when it, while being driven by him, struck a fence. Appellant stated his claim in two counts. In the first, he alleged that at the time of the accident he was insured against loss by collision under a contract of insurance with appellee Phoenix Insurance Co. In the second count, appellant alleged that if he was not insured at the time of the accident then...

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