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UTICA MUTUAL INS. CO. v. MILLER

No. 6709, September Term, 1998.

746 A.2d 935 (2000)

130 Md. App. 373

UTICA MUTUAL INSURANCE COMPANY v. William Ray MILLER, II, et al.

Court of Special Appeals of Maryland.

Reconsideration Denied March 28, 2000.

Attorney(s) appearing for the Case

Lon A. Berk (Sandra Tvarian Stevens and Wiley, Rein & Fielding, Washington, DC, Bradford Carney and Royston, Mueller, McLean & Reid, L.L.P., Towson, on the brief), for appellant.

Eugene R. Anderson (Anderson, Kill & Olick, P.C., New York, NY, Michele A. Gallagher and Anderson Kill & Olick, LLP, Washington, DC, on the brief), for appellees.

Argued before MOYLAN, KENNEY, and ADKINS, JJ.

ADKINS, Judge.

We must decide in this appeal whether Utica Mutual Insurance Company, appellant, has a duty to defend William Ray Miller II, appellee, in a tort action. Appellant denied coverage, contending that under the terms of an errors and omissions insurance policy issued to appellee's employer, it has no duty to defend appellee because the underlying case against appellee asserts claims that are expressly barred from...

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