Mann v. Interstate Fire & Casualty Co.

The opinion of the court was delivered by

KLEINER, J.A.D.

Upon leave to appeal, plaintiffs, Harold Raymond Mann and Regional Trucking Company, Inc. (Regional), appeal from the grant of summary judgment to defendant, Interstate Fire & Casualty Company (Interstate), in a declaratory judgment action seeking indemnification and a defense in a wrongful death action. We conclude that the motion judge failed to properly consider the issues of dual agency and apparent authority and failed to recognize that defendant’s potential liability to plaintiffs raised sufficient material issues of fact…