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BITUMINOUS FIRE & MARINE INS. CO. v. IZZY ROSEN'S, INC.

No. 73-1313.

493 F.2d 257 (1974)

BITUMINOUS FIRE & MARINE INSURANCE COMPANY, Appellant, v. IZZY ROSEN'S, INC., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 21, 1974.

Attorney(s) appearing for the Case

Eugene C. Gaerig, Memphis, Tenn., on brief, for appellant.

Thomas R. Prewitt, and Edward M. Kaplan, Memphis, Tenn., on brief, for appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This appeal is from a judgment in favor of appellee, Izzy Rosen's, Inc., against appellant, Bituminous Fire & Marine Insurance Company, for failure to take over the defense, and otherwise fully to insure appellee, in an action brought against it for slander and false arrest. The insurance company denied coverage, and this action followed.

In 1962 Harry Rosen, acting for appellee, purchased a multi-peril insurance policy...

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