General Ins. Co. of America v. Clark Mall Corp.

Ct. of Appeals dismissed on jurisdictional grounds plaintiff-insurance company's appeal of Dist. Ct.'s determination that plaintiff owed duty to defend defendant under commercial general liability policy in underlying negligence action under circumstances where Dist. Ct. failed to act on several related counterclaims filed by defendants. While Dist. Ct. entered its judgment under Rule 54(b) that would normally allow for immediate appeal, predicates for entering judgment under Rule 54(b) were not present where remaining issues in counterclaims, including counterclaim seeking relief under section 155 for plaintiff's alleged vexatious refusal to defend defendant in underlying lawsuit, necessarily encompassed merits of duty-to-defend issue. Thus, Dist. Ct.'s determination was not final until resolution of counterclaims.