Folk v. Home Mutual Insurance Co.

AMDAHL, Chief Justice.

Defendant Home Mutual Insurance Company (Home) appeals from a decision in favor of plaintiffs William D. Folk and George T. Folk in this suit to declare the existence of automobile liability insurance coverage. The dispositive question on appeal is whether the issue of an implied contract of insurance was raised by the pleadings or litigated by consent. Our review of the record persuades us that confusion in the presentation of the matter to the trial court requires reversal and remand with leave to the plaintiffs to move to amend their complaint.

On March 30, 1980,…