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CHAMBERLAINE & FLOWERS v. SMITH CONTRACTING

No. 16773.

341 S.E.2d 414 (1986)

CHAMBERLAINE & FLOWERS, INC. v. SMITH CONTRACTING, INC. and SMITH CONTRACTING, INC. v. USF & G CO.

Supreme Court of Appeals of West Virginia.

March 12, 1986.

Attorney(s) appearing for the Case

Larry O. Ford, Jones, Williams, West & Jones, Clarksburg, for appellant Smith Contracting.

Boyd L. Warner, Berry, Waters, Warner & Harris, Clarksburg, for appellee USF & G Co.

BROTHERTON, Justice:

This is a consolidated action involving Chamberlaine & Flowers, Inc., an insurance agent, which is seeking to recover from Smith Contracting, Inc. $42,000.00 in unpaid insurance premiums. Smith Contracting, in a counterclaim, alleges that Chamberlaine & Flowers is liable to it for either having negligently adjusted a claim or having sold to Smith Contracting a policy of insurance which did not afford Smith

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