Delta Sand & Gravel Co. v. General Insurance Co. of America

Plaintiffs, Delta Sand and Gravel Co. (Delta) and Babb Construction Co. (Babb), brought this action against defendant insurer to recover their defense and settlement costs incurred in a tort action that defendant refused to defend on plaintiffs’ behalf. The trial court granted plaintiffs’ motion for partial summary judgment on the issues of coverage, defendant’s affirmative defenses and defendant’s duty to pay the reasonable expenses incurred by plaintiffs in defending and settlingthe underlying claim. The court denied defendant’s cross-motion for summary judgment. After trial on the issues…