WORKMAN v. CONTINENTAL INSURANCE COMPANY

Civ. A. No. 3080.

395 F.Supp. 167 (1975)

Allen WORKMAN, Plaintiff, v. The CONTINENTAL INSURANCE COMPANY, a corporation, Defendant.

United States District Court, S. D. West Virginia, Huntington Division.

June 12, 1975.


Attorney(s) appearing for the Case

R. L. DiTrapano and W. C. Field, Charleston, W. Va., for plaintiff.

Norman K. Fenstermaker, Huntington, W. Va., for defendant.


MEMORANDUM ORDER

K. K. HALL, District Judge.

Plaintiff's action to recover actual and punitive damages because of defendant's non-payment of total and permanent disability insurance benefits under a group accident insurance plan was dismissed, on motion of defendant, on grounds that plaintiff had not given timely written notice of claim as to the occurrence or commencement of any loss covered by the insurance policy. Plaintiff filed a timely motion to modify...

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