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INSURANCE CO. OF NORTH AMERICA v. U.S. GYPSUM CO.

Civ. A. Nos. 85-0075-A, 85-0149-A.

639 F.Supp. 1246 (1986)

INSURANCE COMPANY of NORTH AMERICA, INC., Plaintiff, v. UNITED STATES GYPSUM CO., INC., Defendant. UNITED STATES GYPSUM COMPANY, INC., Plaintiff, v. INSURANCE COMPANY of NORTH AMERICA, INC., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

July 17, 1986.

Attorney(s) appearing for the Case

Jackson S. White, Jr., Abingdon, Va., Stephen C. Neal, Christopher Mc Elroy, Chicago, Ill., for U.S. Gypsum Co., Inc.

William W. Eskridge, Abingdon, Va., Samuel P. Gerace, Richard B. Sandow, Pittsburgh, Pa., for Insurance Co. of North America.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case involves a dispute over whether losses sustained by United States Gypsum Company (USG) at its Plasterco, Virginia facility in November 1984 are covered by an insurance policy issued by Insurance Company of North America (INA) in June 1983. INA contends that the losses are not covered because the insurance policy was procured through fraud and misrepresentation. USG contends that there was no...

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