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Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co.11/18/1997
ion claims [would] not exceed the $500,000 per occurrence limits of the Fireman's Fund primary insurance[.]" Similarly, if on remand a jury finds that Mr. Rosenthal's claim for negligent infliction of emotional distress is not covered by defendant Fireman's Fund's policies, defendant Guaranty is still absolved of liability since the liability (or lack thereof) of both defendants Fireman's Fund and Guaranty is based upon policy language which is essentially the same. In any event, there is no genuine issue of material fact as to whether defendant Guaranty has a duty to defend or indemnify the underlying discrimination actions.
In sum, on this record, there is no genuine issue of material fact as to whether defendant Guaranty had a duty to defend and indemnify plaintiff corporation. Accordingly, the 26 April 1993 order of the trial court granting defendant Guaranty's motion for summary judgment is affirmed.
Affirmed.
Panel consisting of:
Judges EAGLES, MARTIN, John C., and McGEE.
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