CALIFORNIA UNION INS. CO. v. SPADE


642 S.W.2d 582 (1982)

CALIFORNIA UNION INSURANCE COMPANY, Movant, v. Tommy SPADE and Carol Spade d/b/a Spade Trucking Company, and Ryan Insurance, Inc., Respondents, and Tommy SPADE and Carol Spade d/b/a Spade Trucking Company, Movants, v. CALIFORNIA UNION INSURANCE CO. and Ryan Insurance, Inc., Respondents.

Supreme Court of Kentucky.

December 14, 1982.


Attorney(s) appearing for the Case

William A. Watson, P.S.C., Middlesboro, for California Union Ins. Co.

William A. Hayes, Middlesboro, R. Jackson Rose, Tazewell, Tenn., for Tommy Spade and Carol Spade d/b/a Spade Trucking Co.

Ronald L. Coombs, Louisville, for Ryan Ins., Inc.


STERNBERG, Justice.

Tommy Spade and Carol Spade, d/b/a Spade Trucking Company, are the owners of a coal auger machine, and the California Union Insurance Company carried its insurance coverage. On September 21, 1978, the machine, while in operation, was damaged by the collapse of a "high wall." The owners made demand on the insurance carrier for payment of damages. Liability was denied, and the owners of the auger filed suit to recover the damages which were sustained...

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