Builders Mutual Insurance v. Mitchell

HUNTER, JR., Robert N., Judge.

Charles McKinney, a homeowner, filed an action against Umstead Construction, Inc., (“Umstead”) seeking damages arising from faulty repair of his home. Plaintiff Builders Mutual Insurance Company (“BMI”), Umstead’s commercial general liability (“CGL”) insurer, defended and settled by paying damages following mediation. BMI subsequently filed for declaratory judgment seeking indemnity from Defendant Maryland Casualty Company (“Maryland Casualty”), a previous CGL insurer, for a portion of the settlement and defense costs. The trial court granted summary judgment for…