Afcan v. Mutual Fire, Marine & Inland Insurance Co.

OPINION

Before BOOCHEVER, C. J., and RABIN-OWITZ, CONNOR and BURKE, JJ. BURKE, Justice.

This appeal arises out of a third-party suit brought against an insurance company for breach of its contractual duty to defend its insured. The superior court granted the insurance company’s motion for summary judgment. We find that the company failed to fulfill its contractual duty to defend. We therefore reverse the decision of the superior court and remand the case for entry of judgment in favor of appellants.

The events giving rise to this litigation began in 1971. At that time Robert Barclay owned a sole…