Mt. Hawley Insurance Co. v. Azia Contractors, Inc.

FENNER, Chief Judge.

Appellant, Mt. Hawley Insurance Company (Mt. Hawley), appeals the judgment of the trial court granting summary judgment in favor of respondent, Azia Contractors, Inc. (Azia), on Mt. Hawley’s petition for declaratory judgment.

This cause began when Azia suffered damage to its property covered under Azia’s policy of insurance with Mt. Hawley. The loss occurred in November of 1988 when there was an explosion at a road construction site near Azia’s property. Azia made a claim for its loss against Mt. Hawley. The parties entered into negotiations and in March of 1989 Azia agreed…