ISMIE Mutual Insurance Company v. Pergament

In an insurance coverage dispute, defendants appealed after the trial court entered summary judgment in favor of the plaintiff insurance company. The appellate court affirmed, finding that the trial court correctly entered judgment in favor of the insurance company because it owed no indemnity obligation for the settlement of the underlying lawsuit where the insured was not “legally obligated” to pay anything under the terms of the settlement. (FITZGERALD SMITH and COBBS, concurring)