Kenneth C. Burgraff, Sr. v. Menard, Inc.

¶ 1. Petitioner, Millers First Insurance Company ("Millers First"), seeks review of a published decision of the court of appeals that reversed the circuit court's order for summary judgment.1 The circuit court determined that Millers First no longer had a continuing duty to defend Me-nard after the plaintiff, Kenneth Burgraff ("Burgraff'), reached a settlement with Millers First for its proportionate share of the plaintiffs claim. In reversing, the court of appeals concluded that Millers First had a continuing duty to defend and that it breached the duty when it withdrew its defense of Menard…