The policy excluded losses caused by explosions. In November 1993, an explosion occurred, killing three J.J. Holmes employees. Appellant was named a party in wrongful death and property damage actions and tendered the defense to Sphere Drake, who denied the duty to defend. The trial court found no genuine issue of material fact regarding the application of the Act. On appeal from summary judgment, we review the record to determine whether there are any genuine issues of material fact to be decided and whether the trial court erred in its application of the law.
Statutory construction is a question of law subject to de novo review on appeal.
Ass'n v. Public Employment Relations Bd. Appellant acknowledged in oral arguments to this court that the first clause does not permit recovery in this case. It is evident on its face that this provision deals with situations of insolvency where a loss was incurred in spite of surplus lines coverage. With respect to the second clause, appellant does not dispute that its basic impact is on situations where a policy was not issued due to fault of an agent or insurer. Appellant's argument fails first as a matter of fact.