Yakima Cement Products Co. v. Great American Insurance

Plaintiff, Yakima Cement Products Co., commenced this action against its insurer, defendant Great American Insurance Co., alleging breach of the insurance agreement for failing to defend plaintiff against a counterclaim in a prior action. Plaintiff seeks to recover defense costs and attorney’s fees together with the amount of the judgment entered against it on the counterclaim. Both parties moved for summary judgment; the trial court granted defendant’s motion and dismissed plaintiff’s complaint with prejudice. Plaintiff appeals.

Two issues are presented: (1) Did defendant have a duty to…