Employers Mut. Casualty Co. v. Arbella Protection Ins. Co.
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The insurance coverage dispute at issue in this appeal stemmed from a civil action brought by Ronald and Mildred Destremps against Viking Stone for allegedly damaging property. At the time, Viking Stone was insured by Employers, the plaintiff in the instant case. Arbella, the defendant in the instant case, had previously provided insurance coverage to Viking Stone. Employers filed a petition for declaratory judgment in superior court, seeking a declaration (1) that Arbella owed a duty to defend and indemnify Viking Stone in connection with the Destrempts' complaint, and (2) that the facts claimed in the Destrempts' complaint triggered one occurrence under the Arbella policy and that, for that reason, no coverage was afforded to Viking Stone under the Employers policy. The superior court granted Employers' motion for partial summary judgment, and Arbella appealed. The Supreme Court vacated the judgment of the superior court, holding that genuine issues of material fact precluded the grant of summary judgment. Remanded.
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