UNITED STATES FIDELITY AND GUARANTY CO. v. FYFFE


471 S.W.2d 23 (1971)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Loy D. FYFFE, Appellee.

Court of Appeals of Kentucky.

September 24, 1971.


Attorney(s) appearing for the Case

J. K. Wells, Wells & Wells, Paintsville, for appellant.

Gene Wilson, Louisa, for appellee.


STEPHEN P. WHITE, Jr., Special Commissioner.

The appellee, on October 1, 1966, purchased a new automobile. Simultaneously, the appellant issued to appellee its standard form $100 deductible collision policy. Less than one month later the appellee wrecked the car and in the trial court and on this appeal the parties have tacitly treated the loss as being total. On the day following the wreck appellee notified appellant's agent of the loss. However, the parties almost...

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