Homer R. (Toby) Barnes, et al. v. Employers Mutual Casualty Co. - Concurring

In this Declaratory Judgment action, the Trial Judge entered summary judgment against Employers Mutual Casualty Company, in favor of the plaintiffs, declaring “[t]he defendant owes the plaintiffs a duty of defense of the action pending in the Circuit Court for Sevier County, Tennessee, captioned Devin Phillips v. Toby Barnes . . . and further owes indemnity coverage respecting such claim , pursuant to the policies of insurance in question . . .”. The judgment was entered pursuant to T.R.C.P. Rule 54.02, and the insurance company has appealed that decision to this Court.