Rehburg v. Constitution States Insurance Co.

SHORES, Justice.

Judy Rehburg and Rehburg and Wallner, Inc. (“Insureds”), appeal from a summary judgment in favor of Constitution States Insurance Company (“Constitution States”) declaring that Constitution States owed no duty to defend or indemnify the insureds in an underlying case (styled Phillips et al. v. Rehburg et al.).

The facts in this case are undisputed.

On March 6, 1986, 13-month-old Derrick Phillips, who was in the care and custody of the Insureds at their day care facility, was found unconscious in the day care’s swimming pool. There was no fence around the pool, nor was there a…