McMahan & Baker, Inc. v. Continental Casualty Co.

McMahan & Baker, Inc., a structural engineering firm, appeals the trial court's grant of summary judgment to Continental Casualty Company (Continental) in this coverage determination action. McMahan & Baker contends that the actions taken by its employee in performing a structural damage appraisal did not fall within a policy exclusion for claims arising out of the providing of cost estimates. We hold that the exclusion is ambiguous and therefore construe it in favor of the insured, McMahan & Baker. Thus, we reverse and remand for trial.

I

The Frindrich Claim

A vehicle traveling at a high rate…