Horace Mann Insurance Co. v. Peters

Opinion by

Judge CRISWELL.

In this declaratory judgment action, plaintiff, Horace Mann Insurance Company, appeals from an order of the trial court denying its motion for summary judgment, declaring that it was obliged to defend defendant Robert Peters in certain federal court litigation commenced against Peters by the other defendant, Jane Doe, through her parents Ann and Sam Doe, and awarding costs and attorney fees to defendant Peters. We reverse.

With respect to the issues addressed by the trial court and now presented to us, there are no disputed issues of material fact. The undisputed facts…