Cincinnati Insurance v. Sherman & Hemstreet, Inc.

Phipps, Judge.

Sherman & Hemstreet, Inc. (Sherman) sued its insurer, Cincinnati Insurance Company (Cincinnati), because the insurer would pay only a portion of its claim. Based upon a joint statement of undisputed material facts, the parties filed cross-motions for summary judgment. The trial court denied Cincinnati’s motion and granted Sherman’s, awarding it the remaining unpaid amount. Cincinnati appeals. While the record supports' the trial court’s denial of summary judgment to Cincinnati and its grant of summary judgment to Sherman on the issue of liability, it does not support the amount…