U.S. FIRE INS. CO. v. ASPEN BLDG. CORP.

Record No. 850315.

367 S.E.2d 478 (1988)

UNITED STATES FIRE INSURANCE COMPANY v. ASPEN BUILDING CORPORATION.

Supreme Court of Virginia.

April 22, 1988.


Attorney(s) appearing for the Case

C. Jay Robbins, IV, Norfolk, for appellant.

Michael Wayne Price, Virginia Beach, for appellee.

Present: All the Justices.


POFF, Justice.

We granted this appeal to consider whether an insurer had a duty under an "excess" general liability insurance policy to defend a motion for judgment filed against the insured when the "primary" insurer had provided such a defense. The trial court ruled that the excess insurer was obligated to defend because the ad damnum clause exceeded the primary coverage limits required by the excess policy.

Aspen Building Corporation (Aspen) constructed...

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