Continental Casualty Co. v. Enco Associates, Inc.

This is a declaratory judgment action filed to determine the respective rights of parties under a contract of insurance. The plain tiff, Continental Casualty Company (hereafter "Continental”) appeals as of right from the entry of a summary judgment on the ground that there was no genuine issue of a material fact, GCR 1963, 117.2(3).

The facts are largely undisputed by the parties. It is basically the legal effect of their conduct which is at issue here. Continental had issued an architects-engineers professional liability policy to Eneo Associates, Inc. (hereafter "Eneo”) providing liability…