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VENCILL v. CONTINENTAL CASUALTY CO.

Civ. A. No. 73-41-BL.

433 F.Supp. 1371 (1977)

Herbert Cecil VENCILL, Juanita Sue Ellison and Melva S. Workman, Plaintiffs, v. CONTINENTAL CASUALTY COMPANY, a corporation, Defendant and Cross-Claimant. INSURANCE COMPANY OF NORTH AMERICA, a corporation, Defendant and Third-Party Plaintiff, v. George F. JAMES, Third-Party Defendant.

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

June 20, 1977.

Attorney(s) appearing for the Case

Harold D. Brewster, Jr., Sidney J. Kwass, Bluefield, W. Va., for plaintiffs.

Robert M. Richardson, Charles W. Davies, Bluefield, W. Va., for Insurance Company of North America; Edward W. Eardley, Charleston, W. Va., for Continental Casualty Company; Jerry J. Cameron, and Kenneth E. Trabue, Roanoke, Va., for George F. James.

MEMORANDUM OPINION

DENNIS R. KNAPP, Chief Judge.

FINDINGS OF FACT

In March, 1971, Herbert Vencill was notified by Employers of Wausau Insurance Company (hereinafter referred to as "Employers") that it would not renew the liability insurance contract it had with Vencill covering a fleet of vehicles used in connection with Vencill's contract carrier business in Virginia. Employers agent, Paul Cochran, told Vencill, however, that he would

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