Khan v. Landmark American Insurance

McFadden, Judge.

This appeal is from summary judgment rulings by the trial court in a case involving a dispute over insurance coverage arising from a shooting. Because the case was properly transferred from state court to superior court and because the trial court correctly ruled that there exist genuine issues of material fact as to the identity and motive of the shooter, we affirm those rulings. However, because the trial court erred in concluding that damages for the insurer’s breach of the duty to defend its insured in an underlying action are necessarily capped by the policy limit, we…