Country Casualty Insurance v. Wilson

Plaintiff, Country Casualty Insurance Company, filed the instant action seeking a declaration that it was not required to defend and indemnify defendant Gary Wilson against a suit filed by defendant Scott Taylor. The third defendant, State Farm Insurance Company, paid $50,000 to Taylor by virtue of an uninsured motorist policy. Hence, a declaration of no coverage would defeat State Farm’s subrogation rights against Country Casualty. Because we reverse on a narrow evidentiary ground, only those facts necessary to consideration of that issue will be set forth.

Gary Wilson had a policy with…