Wixom Bros. Co. v. Truck Ins. Exchange

Insurer sought a declaratory judgment to determine its obligation to defend a pending action. This appeal ensued as a result of judgment in favor of the insurer. We reverse and remand.

This appeal necessitates a reexamination of an earlier decision of this Court, viz., Utica Mutual Ins. Co. v. Tuscaloosa MotorCo., Inc., 295 Ala. 309, 329 So.2d 82 (1976). That case concerned a liability insurance policy whose insuring clause required the company to pay "all sums which the insured shall become legally obligated to pay . . . caused by an occurrence." An "occurrence" was defined in the policy as…