Hinkle v. State Farm Fire & Casualty Co.

OPINION

WECHSLER, Judge.

In this case, we consider whether the district court erred in granting summary judgment in favor of an insurer in an action alleging that the insurer breached its duty to defend the insured in a third-party suit. The policy at issue included a duty to defend lawsuits arising out of the offenses of abuse of process or malicious prosecution. We conclude thatthe third-party complaint did not expressly make a claim for the formerly recognized torts of abuse of process or malicious prosecution, or the currently recognized combination of the two torts, malicious abuse of…