Erie Insurance v. American Painting Co.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Plaintiff-Appellant Erie Insurance Company (Erie) appeals the trial court’s denial of its motion for summary judgment in a declaratory judgment action involving Defendants-Appellants American Painting Company (American), Ann K. Whaley, Larry K. Wha-ley, Robert Hicks (Hicks), and Harold Frye II (Frye).

We reverse and remand.

ISSUE

Erie raises two issues for our review, which we consolidate and state as: whether the trial court erred in determining that a question of fact existed which precluded a grant of summary judgment.

FACTS AND PROCEDURAL HISTORY

Frye…