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DIAMOND SERVICE CO. v. UTICA MUT. INS. CO.

No. 82-762.

476 A.2d 648 (1984)

DIAMOND SERVICE COMPANY, INC., et al., Appellants, v. UTICA MUTUAL INSURANCE COMPANY, Appellee.

District of Columbia Court of Appeals.

Decided April 9, 1984.

Attorney(s) appearing for the Case

Ralph C. Cole, Washington, D.C., for appellants.

R.G. Guziak, Washington, D.C., with whom Timothy E. Fizer, Washington, D.C., were on the brief, for appellee. Keith M. Bonner, Washington, D.C., also entered an appearance for appellee.

Before NEWMAN, Chief Judge, ROGERS, Associate Judge, and GALLAGHER, Associate Judge, Retired.

ROGERS, Associate Judge:

Appellee, Utica Mutual Insurance Company, brought a declaratory judgment action against the Independent Taxi Owners Association and Diamond Services Company to determine its duty to defend the insured, Diamond Service Company, under a general liability policy. Two issues were tried in a jury trial:1 (1) whether the insured had breached a policy condition by failing to give the insurer notice of the underlying covered...

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