Mutual of Enumclaw Insurance v. Gass

Mutual of Enumclaw Insurance Co. (Enumclaw) brought this declaratory judgment action to determine whether it had a duty to defend a claim or pay the resulting judgment against its insureds, Howard and Margaret Gass, under a Farmers’ Comprehensive Personal Liability policy. The Gasses counterclaimed against Enumclaw for $10,000 in expenses incurred in defending the claim and $9,000 paid to satisfy the judgment. The trial court found that Enumclaw had no duty to defend or pay. We reverse.

The insurance policy provides that Enumclaw

“will pay on behalf of the insured, all sums which the insured…