Gomez v. Great American Insurance

OPINION

KRUCKER, Judge.

This was a declaratory judgment action brought by appellee, Great American Insurance Company, for a determination of whether it had a duty to defend or pay any judgment against an employee of its insured, Capin’s Automatic Car Wash, Inc. Defendants-appellants, who were the plaintiffs in a personal injury action against Capin’s employee, John Flores, counterclaimed for a judgment declaring that Flores was covered. On cross motions for summary judgment, the trial court ruled in favor of appellee. This appeal followed.

Viewed in the light most favorable to the parties…