American States Insurance v. Barbara Surbaugh

DAVIS, Justice:

American States Insurance Company (“American States”), defendant below, appeals from an adverse jury verdict in an insurance coverage declaratory judgment action brought by Barbara Surbaugh (“Ms. Surbaugh”),1 plaintiff below. Before this Court, American States contends that the circuit court erred in submitting the insurance coverage issue to a jury as a matter of law and erred in denying its motion for summary judgment.2 After a careful review of the briefs and record on appeal, and listening to the arguments of the parties, we reverse and remand.

I

FACTUAL AND PROCEDURAL HISTORY