Children's Friend & Service v. St. Paul Fire & Marine Insurance Co.

OPINION

Justice SUTTELL,

for the Court.

This appeal arises out of an action for declaratory judgment, brought by Children’s Friend & Service (plaintiff or CFS), concerning an insurance policy St. Paul Fire & Marine Insurance Company (defendant or St. Paul) issued to CFS in 1982. The impetus behind the complaint was an underlying tort action against CFS involving claims of wrongful adoption. In the declaratory judgment action, certain issues concerning indemnity coverage were severed and stayed pending resolution of the underlying tort action. The only remaining issue, which concerned the…