Western National Mutual Insurance Co. v. Gateway Building Systems, Inc.

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Dakota Mill & Grain, Inc. filed suit against Gateway Building Systems, Inc. Gateway had purchased a commercial general liability insurance policy from Western National Mutual Insurance Company, which was in effect during the period at issue. Western National provided Gateway with a defense in the action but issued a reservation of rights letter. Western National subsequently filed a complaint for declaratory judgment regarding coverage under the policy. The circuit court granted summary judgment in favor of Western National, concluding that the policy between Gateway and Western National provided an initial grant of coverage in the Dakota Mill suit but that exclusions defeated coverage. The Supreme Court reversed, holding that disputed material facts precluded summary judgment in this declaratory action. Remanded. View "Western National Mutual Insurance Co. v. Gateway Building Systems, Inc." on Justia Law