Harper v. City Mutual Insurance Co.

Mr. JUSTICE BROWN *

delivered the opinion of the court:

Gregory Harper, Governor Flowers, and John Williams, Jr., commenced separate declaratory judgment actions to determine their rights under the uninsured motor vehicle provisions of a liability insurance policy issued by each defendant to plaintiffs’ employers. Defendants moved to dismiss the action because each policy contained a provision which excluded such coverage if workmen’s compensation benefits were available. The circuit court granted defendants’ motions and final judgment was entered against each plaintiff. The plaintiffs’…