Landmark American Insurance Co. v. Khan

Ellington, Chief Judge.

Jamil Khan, individually and as assignee of 6420 Roswell Road, Inc., d/b/a “Flashers,” filed suit against Landmark American Insurance Company, asserting, inter alia, that Landmark breached its duty to defend its insured, Flashers, in an underlying premises liability suit brought by Khan. Following a hearing, the trial court granted Khan’s motion for partial summary judgment on the issue of Landmark’s liability on the failure-to-defend claim and denied Landmark’s motion to dismiss Khan’s complaint. Landmark appeals from the trial court’s order, contending that the court…