Lawrence Coal Co. v. Boggs

LATIMER, Justice. Joe Lawrence and Ray Sanders, doing business as partners under the name of Lawrence Coal Company, owned and operated a mine in Harlan County situated on Highway 119 about 1/2 mile west of Dione. They elected to work under the Workmen's Compensation Act, KRS 342.001, et seq., and the Coal Operators Casualty Company insured them, issuing the first policy on June 9, 1944, the next annual policy on June 9, 1945, and the last policy on June 9, 1946. On October 17, 1946, the property of the partnership was sold and conveyed to Irvin Fultz and Etta Fultz. The policy theretofore issued to the partnership, Lawrence Coal Company, was cancelled by the Coal Operators Casualty Company on October 25, 1946, and became effective retroactively as of the date October 12, 1946. Joe Lawrence opened a mine near Hirman, some two or three miles from the mine owned by the partnership, and apparently had been operating there some few weeks, when on October 21st an explosion occurred wherein the owner, Joe Lawrence, was killed and the claimant, Boyd Boggs, was injured.