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SMITH v. MUNICIPAL MUT. INS. CO.

No. 15228.

289 S.E.2d 669 (1982)

Lawrence Ray SMITH v. MUNICIPAL MUTUAL INS. CO., Etc., and Walls Ins. Agency, Inc., Etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 31, 1982.

Attorney(s) appearing for the Case

Steptoe & Johnson and Carl F. Stucky, Andrew J. Goodwin, Charleston, for appellant.

Boyce Griffith, Hamlin, for appellee.

NEELY, Justice:

This case presents the question of whether the mere mailing of notice of cancellation of a fire insurance policy by the insurance company constitutes sufficient notice under W.Va.Code, 33-22-14 [1957] and W.Va.Code, 33-22-15 [1957].

The appellee, Lawrence Ray Smith, owned a one-story frame house in Lincoln County. On 7 March 1973 the appellant, Municipal Mutual Insurance Company, a farmers' mutual insurance company, organized...

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