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DAN RIVER v. COMMERCIAL UNION INS. CO.

Record No. 811288.

317 S.E.2d 485 (1984)

DAN RIVER, INC. v. COMMERCIAL UNION INSURANCE COMPANY.

Supreme Court of Virginia.

June 15, 1984.

Attorney(s) appearing for the Case

Lewis T. Booker, Richmond, Michael P. Regan, Asst. Atty. Gen., Danville (G.H. Gromel, Jr., Hunton & Williams, Richmond, on briefs), for appellant.

Frank O. Meade, Danville (Meade, Tate & Daniel, P.C., Danville, on brief), for appellee.

Present: CARRICO, C.J., COCHRAN, POFF, COMPTON, STEPHENSON, and RUSSELL, JJ., and GORDON, Retired Justice.

COMPTON, Justice.

The dispositive issues in this insurance case are whether notice of claim furnished by the insured to the insurer was untimely and, if so, whether the insurer waived the right to rely on a late-notice defense.

In September of 1977, appellant Dan River, Inc. filed a petition for declaratory judgment against appellee Commercial Union Insurance Company. The suit sought determination that certain insurance policies provided coverage for sums...

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