Asplundh Tree Expert v. Pacific Employers

This record has been reviewed for basic accuracy, correcting any discovered errors.
Docket No. Op. Below Argument Opinion Author Term
040797 - - - - April 22, 2005 Koontz 2005

Holding

In this appeal, we consider whether the chancellor erred in determining that the trial court retained jurisdiction in a pending declaratory judgment action brought by an insurer to determine its obligations under its business motor vehicle liability insurance policy after the insurer funded a settlement of the underlying tort action brought against the policyholder by an injured party. We further consider whether the chancellor erred in determining that the insurer was not liable on the policy and in directing the policyholder to refund to the insurer the amount tendered to fund the settlement.