Cincinnati Insurance Co. v. Adkins

OPINION

MAY, Judge.

Cincinnati Insurance appeals summary judgment for Anita and Wayne Adkins {collectively, "Adkins"). Cincinnati argues the trial court erred in determining Adkins did not breach the terms of her insurance policy when she settled with a tortfeasor without notice to or consent of Cincinnati. We reverse.

FACTS AND PROCEDURAL HISTORY

Anita Adkins was involved in an automobile accident with Emily Strack on November 21, 2006. Adkins had her "primary insurance," (App. at 48), with Safeco and an "umbrella" policy, (id.), with Cineinnati Insurance. The Cincinnati policy provided excess 1…