Temco Metal Products Co. v. St. Paul Fire & Marine Insurance

This is an action for damages by an insured against its insurer for breach of a broad form comprehensive general liability insurance policy. The breach was claimed to have occurred when defendant refused to defend an action brought by a third party against the insured. Defendant demurred to plaintiff’s complaint upon the basis that it did not state a cause of action. Plaintiff appeals from a judgment for defendant which resulted from the sustaining of the demurrer.

Plaintiff’s complaint discloses that in an action brought against it by Fred Meyer, Inc., Meyer sought to recover damages which…