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WORKMAN v. CONTINENTAL INS. CO.

No. 75-1866.

538 F.2d 619 (1976)

Allen WORKMAN, Appellant, v. The CONTINENTAL INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Charleston, W. Va. (E. Joseph Buffa, Jr., DiTrapano, Mitchell, Lawson & Field, Charleston, W. Va., on brief), for appellant.

Norman K. Fenstermaker, Huntington, W. Va. (Jenkins, Schaub, Fenstermaker & Wood, Huntington, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

BRYAN, Senior Circuit Judge:

Recovery was denied Allen Workman, a mining employee, by the District Court upon an accident policy issued by The Continental Insurance Company, because of his purported failure to give timely notice of claim of loss. His action against the insurer, with jurisdiction resting on diversity of citizenship and asking damages of $150,000, went off on a motion to dismiss. We see his demand upon the insurer as seasonably made and conclude he...

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