Brabeck v. Employers Mutual Casualty Co.

¶1 This appeal from the Seventeenth Judicial District Court, Valley County, involves an insurer’s refusal to defend its insured. Dawn Marie Brabeck (Dawn), Gerald Brabeck (Gerald), and Brabeck Construction, Inc. (BCI) (or collectively “Respondents”) brought this action seeking a declaratory judgment that Appellant, Employers Mutual Casualty Company (EMC), is required to defend them against a lawsuit arising out of a car accident Dawn was involved in while driving Gerald’s car. The District Court granted Respondents’ summary judgment on this issue. We reverse and remand.

¶2 The only issue on…