Continental Insurance v. Skidmore

PRESIDING JUSTICE COUSINS

delivered the opinion of the court:

Plaintiff Continental Insurance, as real party in interest in place of Harbor Insurance, filed a complaint for declaratory judgment denying any liability to defend or indemnify defendants under their insurance policies. In its amended complaint, plaintiff denied coverage, and any duty to defend, because (1) the underlying complaint was not covered under the liability language of the policy, (2) plaintiff’s excess insurance coverage was in excess above other collectible insurance by defendants, and (3) the application of exclusion…