Facts

AMCO Insurance Company brought a complaint against defendants for declaratory relief.

PLAINTIFF'S CONTENTIONS:
Plaintiff sought a declaration that it owed no duty to defend or indemnify defendants for claims made against them in the underlying action that was brought against them by Jennifer Morfe.

DEFENDANTS' CONTENTIONS:
Jennifer Morfe, an employee of Right's Yogurt shop, contended that she was attacked by Robert Lee while on the premises of the shop. He kidnapped her and tried to murder her. She sued Lee and others, who tendered their defense of the action to AMCO. Following a settlement, defendants assigned their rights to sue AMCO for its refusal to provide a defense or indemnity. As such, Morfe counterclaimed against AMCO, alleging that it committed breach of contract and bad faith by failing to defend the underlying action.

Result

The court granted partial summary judgment in favor of plaintiff against Jennifer Morfe, Right Yogurt Inc. and Robert Lee. Plaintiff then dismissed TSL Development Inc.