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CRITERION INS. CO. v. FULGHAM

Record No. 770360.

247 S.E.2d 404 (1978)

CRITERION INSURANCE COMPANY v. Robert Earl FULGHAM.

Supreme Court of Virginia.

August 31, 1978.

Attorney(s) appearing for the Case

J. Carroll Fears, Jr., Norfolk (Taylor, Gustin, Harris, Fears & Davis, Norfolk, on brief), for plaintiff in error.

Sidney Sacks, Norfolk (Lewis, Sacks & DeLaura, Norfolk, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In this appeal, the dispute stems from an insurance adjuster's misguided attempt to pay a claim for which there was no coverage under the policy.

The stipulated facts show that in July of 1975, plaintiff-appellee Robert Earl Fulgham was injured while operating the motorcycle of another along a street in Virginia Beach. The top of a large wooden crate fell from a truck causing the motorcycle to crash.

Fulgham was insured under a Family...

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