Ralph M. Benjamin v. Gerard F. Dohm

DYKMAN, J. Gerard F. Dohm, Gerald J. Ring and John W. De Beck, d/b/a DRD Partnership, and Parkwood Hills Corporation (collectively
"Dohm") appeal from an order of the trial court granting summary judgment dismissing their claim against the Insurance Company
of North America and Pacific Employers Insurance Company, subsidiaries of CIGNA Property and Casualty Companies. Dohm impleaded
its insurance carrier, CIGNA, to obtain coverage in an action in which Ralph M. Benjamin and other partners of Parkwood Village
Condominiums (collectively "Benjamin") sued Dohm for negligent misrepresentation and strict responsibility misrepresentation. Dohm contends that: (1) the complaint alleges causes of action that fall within the scope of coverage provided by the CIGNA
policies; (2) the policy exclusions are inapplicable and do not bar coverage; (3) CIGNA waived its right to contest coverage
and its duty to defend when it withdrew its defense without seeking a prior judicial determination of its coverage obligations;
and (4) CIGNA is liable for attorney's fees Dohm has incurred in its action against CIGNA for coverage. We conclude that the
CIGNA policies do not provide coverage for the misrepresentation actions, that CIGNA did not waive its right to contest coverage,
and that CIGNA is not liable for attorney's fees incurred by Dohm in this action. 1 Consequently, we affirm.