Former Boone school board members indicted. Regardless of whether Tip Top has a breach of contract claim against General, even if the district court had applied the federal regulations, Tip Top would still lose its claim against General. Tip Top claimed that the first clause of the second paragraph of the endorsement covers its liability for Minix's federal black lung disability claim since his last exposure was during the policy period i. On December 23, , the Secretary filed a motion for summary judgment against Tip Top and alleged, in part, that the district court should not deny enforcement of its order based on the dispute between Tip Top and the two insurance carriers. The report said he died Feb. The Magistrate further stated that whether "General Accident had a duty to inform or warn [Tip Top] of the risk of liability for federal black lung benefits under its policy" is irrelevant because General's "policy would not have protected [Tip Top] from a risk encountered before the policy period, such as [Minix's] award of federal black lung benefits.
498 F. 2d 1183 - Watson v. Kenlick Coal Company Inc
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Unpublished Dispositionwilliam E. Brock, Secretary of Labor, United Statesdepartment of Labor, Plaintiff-appellant, v. Ken-lick and Tip Top Coal, Inc., Defendant and Third-party Plaintiff, v. Liberty Mutual Insurance Company, Third-party Defendant-appellee, 912 F.2d 465 (6th Cir. 1990)
Description: Retrieved 24 July The Howards derived their rights as remote successors in interest of a mineral severance grant or deed from the former owners-predecessors of the title to the Watsons. Court of Appeals for the Sixth Circuit - F. The primary issue before this court is whether the district court misconstrued the exclusion provisions of General's policy and misinterpreted Liberty's endorsement.