West Bend Mutual Insurance v. Mulligan Masonry Co.

Plaintiff, West Bend Mutual Insurance Company, sought a declaration that it had no duty to defend or indemnify its insured, defendant, Mulligan Masonry Company, Inc., against a third-party action arising out of an injury to defendant’s employee, Donald Weeks. Ruling that plaintiff owed a duty to defend, the trial court denied plaintiff’s motion for summary judgment and granted defendant’s motion for summary judgment. On appeal, plaintiff argues that (1) the trial court erred in granting defendant affirmative relief even though defendant filed no pleading requesting such relief; and (2) the…