Swank Enterprises, Inc. v. All Purpose Services, Ltd.

Justice W. William Leaphart

delivered the Opinion of the Court. ¶ 1 Plaintiffs Swank Enterprises, Inc. (Swank) and St. Paul Insurance Company (St. Paul) filed a declaratory action seeking affirmation that defendant Continental Western Insurance Company (Continental) had a duty to defend Swank and was thus liable for the settlement paid to the City of Libby on Swank’s behalf by St. Paul. Continental denied the allegation, claiming that the policy’s provisions excluded coverage for Swank, an additional insured. The District Court, concluding that the policy did provide coverage for Swank,…