Vanguard Insurance v. McKinney

Defendant McKinney appeals from an order of the circuit court granting summary disposition to plaintiff on plaintiffs declaratory judgment action seeking a determination that it had no duty to defend or indemnify its insured, defendant Edward Ellis, Sr., in an underlying action brought by defendant McKinney against defendant Ellis and others. We reverse.

This declaratory judgment action arises out of the October 16, 1985, killing of defendant McKinney’s decedent, Rozalyn Marshall, by defendant Ellis’ son, Edward Ellis, Jr. Ellis, Jr., had been previously convicted, in 1979, of second-degree…