United States Fidelity & Guaranty Co. v. Watson

Russell, Judge.

It should first be noted that while this plaintiff alleges that the facts contended for by its insured are not true, it does not seek a judgment relieving it from defending the action on the ground of failure to cooperate or fraud but rather affirms the contract and admits that under either set of facts contended for some liability attaches to it—that of either a primary or an excess carrier. “Where no facts or circumstances are alleged in a petition for declaratory judgment to show any necessity for a determination of any dispute to guide and protect the petitioner from…