Western Heritage Insurance v. Newcastle Auto Sales, Inc.

Ellington, Judge.

Newcastle Auto Sales, Inc. sued Western Heritage Insurance Company for breach of contract after Western Heritage refused to pay benefits under an insurance policy. Western Heritage moved for summary judgment, arguing that the policy excluded Newcastle’s loss. The trial court denied Western Heritage’s motion, but issued a certificate of immediate review. This Court granted Western Heritage’s application for interlocutory appeal. Because we find that the trial court misconstrued the insurance contract and misapplied the contract to the facts in this case, we reverse and remand.

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