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COLONIAL INS. CO. v. BARRETT

No. 27772.

542 S.E.2d 869 (2000)

208 W.Va. 706

COLONIAL INSURANCE COMPANY, Plaintiff below, Appellee, v. Floyd BARRETT and John Douglas Watkins, Defendants below, Appellants, John Douglas Watkins, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Robert P. Martin, Esq., Robert L. McKinney, II, Esq., Bastien & Martin, L.C., Charleston, West Virginia, Attorneys for Appellee.

Kenneth E. Chittum, Esq., Bluefield, West Virginia, Attorney for Appellant John Douglas Watkins.

STARCHER, Justice:

This appeal of a declaratory judgment from the Circuit Court of Mercer County concerns a requirement in a liability insurance policy that notice of a claim against a policyholder be given to the insurance company as soon as possible.

In the instant case, the insurance company received prompt notice of a claim from a person injured by a policyholder's negligence. However, the insurance company argued below that the policyholder had...

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