USAA Property & Casualty Insurance v. Clegg Ex Rel. Estate of Clegg

In this declaratory judgment action, USAA Property and Casualty Insurance Company (“USAA”), appeals the circuit court’s order granting partial summary judgment in favor of Douglas A. Lambrecht on his claim that USAA had a duty to defend him against a wrongful death and survival action arising out of an accident caused by his non-resident, emancipated son while driving a “non-owned” automobile. Lambrecht, in a cross-appeal, contends this Court is without jurisdiction to review the appeal. We certified the appeal from the Court of Appeals. We reverse.

FACTUAL/PROCEDURAL HISTORY

On January 9,…