Thommes v. Milwaukee Mutual Insurance Co.

OPINION

G. BARRY ANDERSON, Judge

Appellant, a contractor, accidentally destroyed an adjacent property owner’s trees while clearing land as part of a project for a client. After the property owner brought an action for damages, appellant sought a declaratory judgment to compel respondent insurance company to defend and indemnify appellants for losses associated with the damages action. The district court granted respondent’s motion for summary judgment. Appellant argues the district court erred by granting summary judgment on the grounds that (1) respondent insurer had no duty to defend…