Northern Assurance Co. of America v. EDP Floors, Inc.

MURPHY, Chief Judge.

This case involves two appeals. The first, No. 145, concerns the final judgment rule; the second, No. 156, raises issues relating to an insurer’s duty to defend its insured and damages from an alleged breach of that duty.

I

On April 12, 1984, EDP Floors, Inc. (EDP) planned to deliver a load of floor tile to a jobsite. One of EDP’s employees, a helper on the delivery truck, arrived for work that day with bloodshot eyes; his speech was slurred and he smelled of alcohol. Because no one else was available, EDP allowed the helper to accompany the driver. Between EDP’s warehouse…