Aetna Casualty & Surety Co. v. Beautiful Signs, Inc.

Plaintiff, Aetna Casualty & Surety Company (Aetna), brings this appeal of the trial court’s grant of summary judgment in favor of the defendants in this declaratory judgment action. We reverse.

Dale Brazier was an employee of defendant Beautiful Signs, Inc. While at work for Beautiful Signs, on the property of George Kontos, Brazier was killed in an accident. The administrator of his estate brought an action against Kontos and others. Kontos then brought a third-party action against Beautiful Signs.

Beautiful Signs tendered the case to its insurer, Aetna. Aetna then instituted this declaratory…