Cavin's, Inc. v. Atlantic Mutual Insurance

PARKER, Judge.

In the policy sued upon, defendant Insurance Company did not agree to “pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages, . . . arising out of . . . malicious prosecution.” Had the policy read in that fashion, plaintiff would be entitled to prevail. Such an agreement, however, can be read into the policy only by ignoring the words omitted from the foregoing quoted portion of the policy and by ignoring as well other clearly expressed policy provisions. This, we have no right to do.

What the policy did provide was that…