Lambe Realty Investment, Inc. v. Allstate Insurance

TIMMONS-GOODSON, Judge.

This appeal arises out of an action brought by Lambe Realty Investment, Inc. (“LRI”) seeking a declaratory judgment determining its rights under a commercial liability policy issued to it by Allstate Insurance Company (“Allstate”). The relevant facts follow.

On 19 May 1997, John C. and Tammy L. Kippe (“the Kippes”) filed a lawsuit (“the underlying action” or “the underlying complaint”) against LRI asserting claims for breach of contract, negligence, breach of warranty, breach of implied covenant of quiet enjoyment, constructive eviction, and unfair and deceptive trade…