Franklin v. Western National Mutual Insurance Co.

OPINION

GARDEBRING, Justice.

This ease calls upon us to determine whether a counterclaim for trespass arising from a lease dispute triggers an insurer’s duty to defend an insured under a Comprehensive General Liability policy and a broad form endorsement. Because we conclude that the counterclaim, although alleging trespass, was plainly grounded in a contract dispute, we hold that Western National owed no duty to defend Franklin against the counterclaim.

Respondent Franklin Outdoor Advertising Company (“Franklin”) constructs and maintains outdoor advertising structures, many of which are located…