Continental Casualty Co. v. Brady

TROUT, Justice.

This declaratory judgment action was initiated by the respondent/cross-appellant, Continental Casualty Co. (CNA). CNA contends that the insurance policy it issued to the appellant/cross-respondent, Michael Brady et al. (Brady), does not provide coverage for certain third-party claims brought against Brady. For this reason, CNA also contends that it has no duty to defend Brady in the underlying lawsuit.

I

BACKGROUND

On July 1, 1989, Dale and Debbie Duvall hired attorney Golden Bennett to represent them in an action involving the near drowning of their son. Bennett and the Duvalls…