Alliance Mutual Casualty Co. v. Bailey

The opinion of the court was delivered by

Parker, C. J.:

The plaintiff, Alliance Mutual Casualty Company, commenced this action for a declaratory judgment, under the provisions of G. S. 1949, 60-3127, against its insured, Raymond A. Whitebread, and other defendants who had claims against the insured as the result of an automobile collision, seeking an adjudication that the insurance policy in question had expired before the collision occurred.

The extensive pleadings, which disclose the conflicting contentions as to the nature of the controversy and the conflicting theories as to how the…