American Mutual Insurance v. Aderholt

Pannedl, Judge.

1. Where a petition for declaratory judgment brought by the insurer against the insured and a known uninsured motorist, the latter being the defendant in an action brought by the insured as plaintiff, seeks to have the court declare its rights under an exclusion clause of the policy, and seeks to enjoin the future prosecution of the suit against the uninsured motorist, but does not allege that the adjudication of the plaintiff insurer’s rights is necessary in order to relieve plaintiff from risk of taking any future undirected action incident to its rights, which action without…