B & M HOMES INC. v. American Liberty Ins. Co.

This is an appeal from a summary judgment rendered in favor of American Liberty Insurance Company. B M Homes, Inc., and Kenneth R. Morrow sued American Liberty for damages for its failure to defend the appellants in a civil suit. We affirm.

B M Homes and Morrow were sued by Thomas J. Hogan and Carol Ann Hogan for damages allegedly caused by breach of warranty and negligence on the construction of a house. The Hogans filed suit in January, 1975. The complaint was served on B M Homes and Morrow about February 1, 1975. The Hogans were awarded a judgment in the amount of $75,000.

B M Homes and…