McKemie v. Great American Insurance

Smith, Judge.

McKemie, a landlord, was covered under a landlord’s liability policy issued by Great American Insurance Co. when a damage suit was instituted against McKemie by certain tenants. Great American refused to defend, and following termination of the lawsuit in McKemie’s favor this action was brought against the insurer, seeking damages for wrongful refusal to defend, in breach of the insurance contract. McKemie moved for summary judgment, supporting the motion by attaching the complaint from the previous lawsuit. Great American countermoved for summary judgment on the basis of the…