Utica Mutual Insurance v. Kelly & Cohen, Inc.

Ruffin, Judge.

Jeffrey and Amy Cross sued furniture retailer Kelly & Cohen, Inc. (“K&C”) for damages they allegedly sustained when a K&C employee misappropriated Amy Cross’s credit information and used the information to establish a false identity, obtain a bank loan and purchase goods and services from other establishments. K&C filed a third party complaint for declaratory relief against its liability insurer, Utica Mutual Insurance Company (“Utica”), after Utica denied coverage. On cross-motions for summary judgment by Utica and K&C, the trial court denied Utica’s motion and granted partial…