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B & L Trucking & Construction Co. v. Northern Insurance Co.

August 9, 1996

B & L TRUCKING & CONSTRUCTION CO., INC., A CORPORATION; EAGLE TRUCKING, INC., A CORPORATION; CAMILLE M. FJETLAND, AS SUCCESSOR IN INTEREST TO WILLIAM K. FJETLAND, DECEASED, AND JANE DOE FJETLAND, INDIVIDUALLY AND AS A MARITAL COMMUNITY; AND EXECUTIVE BARK, INC. A CORPORATION, RESPONDENTS/ CROSS-APPELLANTS,
v.
NORTHERN INSURANCE COMPANY OF NEW YORK, A CORPORATION, APPELLANTS/CROSS-RESPONDENTS.



Original Opinion of June 21, 1996,

E. Houghton, Acting Chief Judge, Bridgewater, J. concurs

The opinion of the court was delivered by: Houghton

ORDER AMENDING/CLARIFYING OPINION

The opinion filed in the above matter on May 17, 1996 and amended by order of June 21, 1996 is further amended as follows:

1. Page 9, line 17: The word "subjectively" is inserted in lieu of "subjective."

2. Page 12, line 13: The words "are matters" are inserted in lieu of "is a matter."

3. Page 12, line 16: The word "of" is inserted in lieu of "on."

4. Page 21, line 27: The words "policies that were" are inserted in lieu of "policies were."

5. Page 26, the following sentence is inserted at line 4 as the last sentence of the paragraph, prior to section VII (clarifying order amending opinion of June 21, 1996):

As well, we hold that Respondents/Cross-Appellants are entitled to attorney's fees on appeal based upon Olympic S.S.

DATED this 9th day of August, 1996.

FOR THE COURT:

E. Houghton

ACTING CHIEF ...


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