... The opinion of the court was delivered by BILES, J.: This is an appeal from a district court's
decision on cross-motions for summary judgment in a contract case. ... The issue is the extent
to which liquidated damages are enforceable under the parties' contract. ...
... "The language of an insurance policy, like any other contract, must, if possible, be construed
in such way as to give effect to the intention of the parties. ... [Citation omitted.] The court shall not
make another contract for the parties and must enforce the contract as made. ...
... The contract did not address recovery of out-of-pocket expenses in the event the
litigation was successful. Upon receiving this contract, the attorney contacted Warren
and his son James Gillespie concerning fees and expenses. ...