Sheets v. Brethren Mutual Insurance

CHASANOW, Judge.

We are called upon in the instant case to determine whether the trial court was correct in granting an insurer’s motion for summary judgment on the basis that it had no duty to defend or indemnify its insured against a claim of negligent misrepre*637sentation in the sale of property. We hold that because the insurer did owe a duty to defend its insured, the trial court erroneously granted the insurer’s motion for summary judgment. We therefore reverse and remand the case to the trial judge to enter summary judgment in favor of the insured.

I

We are asked to review a declaratory…