United States Fire Insurance v. Day

Clark, Judge.

"You’ve got to accentuate the positive, eliminate the negative; latch on to the affirmative, don’t mess with Mr. In-Between” were words of wisdom written by Savannah’s famed song-writer, Johnnie Mercer. That lyric applies to the instant appeal where we are called upon to decide a single question: may an insurance company which carries both workmen’s compensation and public liability coverage and shows by "positive” affirmative evidence that it made its inspections of the insured’s premises solely in its role as workmen’s compensation carrier and "negatives” any activity in its…