Allen v. Continental Western Insurance Co.

ZEL M. FISCHER, Judge.

A payday and title lending company, Franklin Quick Cash, LLC, (“Franklin”), was sued for wrongfully repossessing a vehicle. In this subsequent action, Franklin has sued Continental Western Insurance Co. (“Continental Western”) to recover the costs of litigating that wrongful repossession suit because Continental Western refused to provide a defense. Franklin’s claim for costs is based on a commercial general liability insurance policy that covers liability for “accidents” but excludes coverage of liability for property damage “expected or intended” by the insured. The…