Amer. Cast Iron Pipe Co. v. Commerce & Industry Ins.

Appeal by American Cast Iron Pipe Company (ACIPCo), plaintiff, from summary judgment rendered in favor of Commerce Industry Insurance Company (C I) in ACIPCo's action for damages based upon an alleged breach of a contract of insurance. We reverse and remand.

The case was submitted to the trial court on the parties' motions for summary judgment, stipulation of fact, briefs, and arguments. The stipulation was as follows:

"STIPULATION OF FACT

"Come now the parties and stipulate the following may be taken and accepted by the Court as established fact:

"1. Plaintiff, American Cast Iron Pipe Company…