Virginia Surety Co. v. Northern Insurance Co.

Both plaintiff, Virginia Surety Company, Inc., and defendant, Northern Insurance Company, insured De Graf Concrete Construction, Inc. Plaintiff filed a declaratory judgment action, seeking a declaration that defendant had a duty to defend and indemnify De Graf with respect to a third-party complaint filed by Capital Construction Group, Inc., against De Graf. Plaintiff and defendant filed motions for summary judgment. The trial court granted defendant’s motion. We affirm.

I. FACTS

Capital was the general contractor at a construction site. Capital hired De Graf to work as a subcontractor at the…