Mank v. West American Insurance

PRESIDING JUSTICE CHAPMAN

delivered the opinion of the court:

Plaintiff, Robert T. Mank, instituted a declaratory judgment action seeking a determination that the defendant, West American Insurance Company, had a duty to defend and indemnify Devin Sims based upon a business automobile liability insurance policy issued to Sims’ father’s business, Jack Waters Plumbing, Inc. The parties filed cross-motions for summary judgment. On June 17, 1992, the court granted the plaintiff’s motion for summary judgment and found that the Toyota Tercel driven by Devin Sims at the time of the collision with the…