United States Fidelity & Guaranty Co. v. Brennan

On April 19, 1976, plaintiff, United States Fidelity and Guaranty Company, filed suit in the circuit court of Morgan County seeking a declaration of its rights and duties under a policy of liability insurance it had issued to defendant Richard W. Brennan. After a hearing on the merits, the circuit court entered an order on February 15, 1980, declaring that plaintiff was under a duty to defend defendant in case No. 75-L-1094 before that court. Plaintiff appeals.

The pleadings admitted (1) the issuance of the policy, a copy of which was attached to the complaint, (2) that defendant was in the…