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AMERICAN HOME ASSURANCE CO. v. OSBOURN

No. 22, September Term, 1980.

47 Md. App. 73 (1980)

422 A.2d 8

AMERICAN HOME ASSURANCE COMPANY v. RONALD OSBOURN, IND. & T/A O & B, INC. D/B/A CENTRAL AVENUE SUNOCO. RONALD OSBOURN, IND. & T/A O & B, INC. D/B/A CENTRAL AVENUE SUNOCO v. HAY BROTHERS INSURANCE AGENCY, INC.

Court of Special Appeals of Maryland.

Decided November 7, 1980.

Attorney(s) appearing for the Case

Alan R. Siciliano, with whom were O'Malley, Miles, Farrington & McCarthy on the brief, for appellant American Home Assurance Company. Edward P. Camus for appellant Ronald Osbourn.

Richard C. Burch, with whom were Weinberg & Green on the brief, for appellee Hay Brothers Insurance Agency, Inc. Edward P. Camus on the brief for appellee Osbourn.

The cause was argued before MORTON, MOORE and WEANT, JJ.

MOORE, J., delivered the opinion of the Court.

Two separate actions are before us in this consolidated appeal: in one, the insured sought a declaratory judgment and an award of expenses and settlement payments against his insurer which had disclaimed liability and declined to defend; in the other, filed the same day, the insured sued his insurance broker for breach of warranty and negligence because of alleged failure to procure complete insurance

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