American Home Assurance Co. v. Osbourn

Two separate actions are before us in this consolidated appeal: in one, the insured sought a declaratory judgment and an awárd of expenses and settlement payments against his insurer which had disclaimed liability and declined to defend; in the other, filed the same day, the insured sued his insurance broker for breach of warranty and negligence because of alleged failure to procure complete insurance coverage for his business. The insured prevailed in the first case and the insurer has appealed. In the second case, the court granted summary judgment for the broker on the ground that the…