SUN INSURANCE OFFICE, LTD. v. Keller

Plaintiff filed this action for a declaratory judgment to ascertain its duties and obligations under an exclusionary clause in its insurance policy. The trial court held that, since the insured’s acts were in fact intentional, the insurance company had no duty to defend him in a subsequent civil action, and granted the plaintiff’s motion for summary judgment. The defendant moved to have that judgment set aside, and his motion was denied. He now appeals.

The plaintiff’s attorney’s affidavit which he had attached to his motion for summary judgment appears to be similar to the affidavit involved…