Continental Casualty Co. v. Sears, Roebuck & Co.

Plaintiff Continental Casualty Company brought this action seeking a declaration that an excess indemnity policy of insurance issued by Continental to the Kellwood Company did not provide coverage pursuant to a vendor’s endorsement to Sears, Roebuck and Company. After Sears filed an answer and counterclaim, the trial court granted summary judgment in favor of Sears as to Continental’s complaint and as to count I of Sears’ counterclaim, which sought a finding that Sears was covered pursuant to the policy.

Sears was a purchaser of tents from Kellwood, a tent manufacturer. Kellwood obtained…