Dennis Cain Motor Co. v. Universal Underwriters Insurance Co.

PREWITT, Judge.

Plaintiff brought this action for declaratory judgment asking the circuit court to declare that defendant was obligated, under an insurance policy, to defend a lawsuit brought against plaintiff and to pay any judgment against plaintiff in that suit to the extent of the limits of liability stated in the policy. Defendant contended that its policy was not applicable to the claim stated in the lawsuit because the policy issued to plaintiff was not in effect at the time of the injuries causing the death described in that suit. Both parties moved for summary judgment and the court…