Fleeman v. Canal Insurance Co.

BLACKBURN, Presiding Judge.

In this declaratory judgment action to determine insurance coverage, Lily and Richard Fleeman, Heritage Motor Company, and Christopher Smith appeal the trial court’s grant of summary judgment to Canal Insurance Company (“Canal”) and National Indemnity Company (“National”), arguing that the trial court lacked jurisdiction to consider the pending summary judgment motions once the trial was held and completed. We agree and therefore reverse.

The undisputed facts show that while on an errand for a used car dealership (Heritage) on March 4, 2008, Smith was driving a tow…