Cunningham v. Universal Underwriters

Opinion

HALLER, Acting P. J.

Cunningham Enterprises, Inc. (Cunningham), sued its liability insurer, Universal Underwriters (Universal), alleging Universal breached its duty to defend Cunningham in an action brought by a third party. After Cunningham and Universal each moved for summary judgment, the court denied Universal’s motion, granted Cunningham’s motion, and entered judgment in Cunningham’s favor for $197,837.59 plus costs. Universal appeals.

We conclude the undisputed facts establish the absence of a potential for coverage under the relevant insurance policies and therefore Universal had…