State Farm Fire & Casualty Co. v. Leverton

In June 1994, the insured, Jeff Presswood, was convicted of the aggravated battery of George Leverton. In November 1994, Leverton filed a civil complaint against Presswood. The complaint contained counts alleging both battery and negligence. In August 1995, plaintiff State Farm Fire and Casualty Company (State Farm) filed a declaratory judgment action against Presswood and Leverton, seeking a declaration that it was not required either to defend or indemnify Press-wood. On August 22, 1996, the trial court denied State Farm’s motion for summary judgment but, on a motion to reconsider, the…