American Standard Insurance v. Gnojewski

The third-party defendant, Gallant Insurance Company (Gallant), appeals the May 7, 1999, summary judgment order denying its motion for summary judgment and granting the motion for summary judgment of the third-party plaintiffs, Melvin Frasier, administrator of the estate of Joseph Frasier (Frasier), and Michael Falcetti. The trial court found that Gallant had a duty to defend the underlying action and failed to discharge its duty to defend. Gallant filed a motion to reconsider, which was denied on June 29, 1999. Gallant filed a timely notice of appeal on July 9, 1999. On appeal, Gallant…