Turner Liquidating Co. v. St. Paul Surplus Lines Insurance

Reece, Presiding Judge.

Plaintiffs-appellants, Turner Liquidating Company, Turner Suspensions, and Turner Suspensions, Inc. (“Turner”), appeal the trial court’s judgment dismissing two counts of their five-count complaint for failure to state a claim upon which relief could be granted. We reverse.

The facts in this case are taken from the allegations made in Turner’s complaint. Turner had product liability insurance with St. Paul Surplus Lines Insurance Company (“St. Paul”), the defendant-appellee. On November 4, 1987, Turner sold the "assets of its company to the Boler Company (“Boler”).…