AFCAN v. MUTUAL FIRE, MARINE AND INLAND INS. CO.

No. 3174.

595 P.2d 638 (1979)

Paschal L. AFCAN and Mary Afcan, Appellants, v. The MUTUAL FIRE, MARINE AND INLAND INSURANCE CO., Appellee.

Supreme Court of Alaska.

May 25, 1979.


Attorney(s) appearing for the Case

Michelle V. Minor, Anchorage, for appellants.

Daniel A. Gerety of Delaney, Wiles, Moore, Hayes & Reitmann, Inc., Anchorage, for appellee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR and BURKE, JJ.


OPINION

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.

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