Colonial Ins. Co. of Wisconsin v. Ayers

HOLLAND, Justice,

for the majority:

For purposes of summary judgment only, the Superior Court consolidated Colonial Ins. Co. v. Ayers, C.A. No. 99C-05-009, with Hartford Underwriters Insurance Company v. Foskey, C.A. No. 99C-08-002. Both cases involve similar legal issues relating to different insurance company defendants. The parties stipulated to the faets. The Superior Court granted the plaintiffs’ motions for summary judgment. This Court accepted separate interlocutory appeals by the insurance company defendants and consolidated these proceedings.

The threshold issue in both cases is whether…