Brownsdale Cooperative Ass'n v. Home Insurance Co.

OPINION

LANSING, Judge.

In an appeal from a declaratory judgment action enforcing a Miller-Shugart- type settlement, Home Insurance Company contests the trial court’s finding of policy coverage and, based on lack of notice, challenges the enforceability of the settlement agreement. We conclude that the record supports the finding of coverage and hold that because Home breached its duty to defend its insured, it was not entitled to notice of the settlement.

FACTS

Conger Construction Company, Inc. built a four-silo grain storage facility for Brownsdale Cooperative in 1979. In the spring of 1982,…