Continental Insurance v. Entrikin

Abbott, J.:

This is an appeal in a declaratory judgment action filed by The Continental Insurance Company (Continental) to determine its obligation under an automobile liability insurance policy, if any, to its insured, Michael B. Entrikin. The trial court held that when the underlying accident occurred the automobile being driven by Entrikin was covered as a replacement vehicle for the one described in the automobile liability insurance policy issued by Continental to Entrikin.

Continental appeals, raising two issues. It contends material issues of fact remain in dispute thus summary judgment…