TAYLOR, J.
This case concerns an action on a consent judgment entered against the insured, Bella Marine, under a workers' compensation policy. We find that the trial court erred when it held as a matter of law that the insurer, appellee, American Interstate, of a pending action by Ordones, appellant, against Bella Marine after appellee had repudiated the contract. Therefore, we reverse the trial court's order granting summary judgment in favor of appellee.
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