Townsend Ford, Inc. v. Auto-Owners Ins. Co.

On Application for Rehearing

The opinion of March 25, 1994, is withdrawn and the following opinion is substituted therefor.

The insured brought this declaratory judgment action to determine whether the insurer has a duty to defend and indemnify the insured with regard to two actions brought against the insured by its customers alleging intentional fraudulent misrepresentation, fraudulent suppression of material facts, reckless misrepresentation, and breach of an express warranty in connection with the sale of a used motor vehicle.

The issue is whether the trial court properly interpreted the…