DEERFIELD INS. v. WARREN CTY FISCAL CT ETC.

Nos. 2000-CA-002774-MR, 2000-CA-002823-MR, 2000-CA-002864-MR.

88 S.W.3d 867 (2002)

DEERFIELD INSURANCE COMPANY f/d/b/a and as Successor in Interest to First Reinsurance Company of Hartford, Inc., Appellant, v. WARREN COUNTY FISCAL COURT ex rel CITY COUNTY PLANNING COMMISSION; City of Bowling Green; Joseph Koch; Risk Management Associates, Inc.; and Van Meter Insurance Agency, Appellees, and Warren County Fiscal Court ex rel City-County Planning Commission, Cross-Appellant, v. Deerfield Insurance Company f/d/b/a and as Successor in Interest to First Reinsurance Company of Hartford, Inc.; Joseph Koch; Risk Management Associates, Inc.; The City of Bowling Green; and Van Meter Insurance Agency, Cross-Appellees, and Van Meter Insurance Agency, Inc., Cross-Appellant, v. Warren County Fiscal Court ex rel City-County Planning Commission; City of Bowling Green; Deerfield Insurance Company f/d/b/a and as Successor in Interest to First Reinsurance Company of Hartford, Inc.; Joseph Koch; and Risk Management Associates, Inc., Cross-Appellees.

Court of Appeals of Kentucky.

May 17, 2002.


Attorney(s) appearing for the Case

Howard E. Frasier, Jr., Bowling Green, KY, William P. Bila, Jennifer A. Gallagher, Hugh S. Balsam, Chicago, IL, for appellant/cross-appellee Deerfield Insurance Company.

Scott A. Bachert, David W. Mushlin, Amanda A. Young, Bowling Green, KY, for appellee/cross-appellant Van Meter Insurance Agency.

Penny Travelsted, Bowling Green, KY, for appellee Risk Management Services.

John David Cole, Matthew P. Cook, Bowling Green, KY, for appellee/cross-appellant Warren County Fiscal Court ex rel City-County Planning Commission.

Before COMBS, EMBERTON, and TACKETT, Judges.


OPINION

COMBS, Judge.

Deerfield Insurance Company1 (Deerfield) f/d/b/a First Reinsurance Company of Hartford (First Reinsurance), appeals the summary judgment of the Warren Circuit Court which resolved issues of insurance coverage in favor of the appellee, Warren County Fiscal Court ex rel. City County Planning Commission. The trial court concluded as a matter of law that the insurer owed a duty to defend and indemnify...

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