Allen vs. Continental W. Ins. Co.

Franklin Quick Cash, LLC, a payday and title lending company, was sued for wrongfully repossessing a vehicle. Franklin had a commercial general liability insurance policy with Continental Western Insurance Co. that covered liability for accidents but precluded coverage of liability for property damage “expected or intended” by the insured. Continental Western refused to provide a defense on the grounds that Franklin’s actions leading to the suit were intentional. Franklin sued Continental Western for wrongful refusal to defend. The circuit court granted summary judgment for Franklin. The Supreme Court reversed, holding that Continental Western did not have a duty to defend because Franklin intended to repossess the vehicle, and therefore, there was no potential for coverage at the outset of the underlying lawsuit. View "Allen vs. Continental W. Ins. Co." on Justia Law