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CONTINENTAL INSURANCE COMPANY v. LYNHAM

No. 6339.

293 A.2d 481 (1972)

The CONTINENTAL INSURANCE COMPANY, Appellant, v. Cameron B. LYNHAM and Adria C. Lynham, Appellees.

District of Columbia Court of Appeals.

Decided July 17, 1972.

Attorney(s) appearing for the Case

Joseph T. Lilly, Washington, D. C., with whom W. B. Ewers, Baltimore, Md., was on the brief, for appellant.

Edgar T. Bellinger, Washington, D. C., for appellees. Polly W. Craighill, Washington, D. C., also entered an appearance for appellees.

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

FICKLING, Associate Judge:

The question presented by this appeal is whether, in the circumstances of this case, it was an abuse of discretion for the trial court to award attorney's fee to appellees as a part of costs. After a careful review of the record and pertinent precedents, we have concluded that the trial court abused its discretion.

Appellees are owners of a motor boat which was insured under an "all risk" marine insurance policy issued by appellant...

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