Farm Bureau Mutual Automobile Ins. v. Motorists Mutual Ins.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Miami County, rendered in favor of the plaintiff in an action for a declaratory judgment.

The matter was presented to the court on motions for judgment on the pleadings interposed by both the plaintiff, appellee herein, the Farm Bureau Mutual Automobile Insurance Company, and the defendant, appellant herein, Motorists Mutual Insurance Company. The court sustained the motion of plaintiff and rendered judgment against defendant.

The pertinent factual material is alleged in the answer of the defendant as follows:

“Thi…