SMITH, Judge.
This is an appeal from an order on cross-motions for summary judgment in a declaratory judgment action. The Wests, dissatisfied purchasers of a home constructed by E.L. Spears and E.L. Spears, Inc., brought an action against them alleging fraud and breach of contract. Consolidated American Insurance Company defended the suit under a reservation of rights and non-waiver agreement. At trial, the jury returned its verdict on a special verdict form, finding...
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