Harris, Jolliff & Michel, Inc. v. Motorists Mutual Ins.

This case arises as an appeal on questions of law from a judgment of the trial court on a petition for declaratory judgment and mandatory injunction. There is little dispute as to the factual situation, and the basic issue involved is simply whether the defendant insurance company is required to defend an action brought against the plaintiff and to pay any judgment rendered in such action, or whether the situation comes within the terms of a certain exclusion contained in the policy.

The plaintiff corporation is a contractor which entered into a contract in 1966 with Divino Bros., Inc., to…