CONTINENTAL INSURANCE COMPANY v. MINGO EQUIPMENT COMPANY


468 S.W.2d 276 (1971)

The CONTINENTAL INSURANCE COMPANY, Appellant, v. MINGO EQUIPMENT COMPANY, Appellee.

Court of Appeals of Kentucky.

June 11, 1971.


Attorney(s) appearing for the Case

Robert L. Milby, Hamm, Taylor, Milby & Farmer, London, for appellant.

John J. Tribell, Middlesboro, for appellee.


VANCE, Commissioner.

The Mingo Equipment Company, appellee herein, recovered a judgment against Continental Insurance Company, appellant herein, in the amount of $28,800.00 for damages to various items of mining equipment and machinery by vandalism and malicious damage.

Continental has appealed from that judgment alleging three principal grounds for error: (1) the action was barred by a condition of the policy which prohibited litigation unless commenced within...

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