Milbank Insurance Co. v. B.L.G.

OPINION

HARTEN, Judge.

In this declaratory judgment action, appellant Milbank Insurance Company appeals from summary judgment declaring that damages for which respondent B.L.G. is legally liable are covered by a homeowner’s policy issued by Milbank. B.L.G. was found liable for respondent M.M.D.’s damages in a prior underlying lawsuit. There, the trial court concluded that B.L.G. breached a duty to use reasonable care to avoid transmitting genital herpes to M.M.D. The parties argue that the outcome of M.M.D.’s lawsuit is dispositive on the issue of insurance coverage. Because we find that there…