Harwell v. State Farm Mutual Automobile Insurance Co.

PAUL S. COLLEY, Justice Retired,

Sitting by Administrative Assignment dissenting.

I respectfully dissent.

In this summary judgment case, appellee, State Farm Mutual Automobile Insurance Company (hereafter “State Farm”), filed suit in trial court cause # 348-138822-91, seeking a declaratory judgment against appellants, Valerie Harwell, administratrix of the estate of Tammy D. Hubbard, Deceased, (hereafter “Harwell”), Eric L. Leatherman and Eric Christopher Leatherman (hereafter “Leath-ermans”), seeking a decree that it had “no [legal] obligation to pay” a judgment rendered in trial court cause…