Maryland Casualty Co. v. Allstate Insurance Co.

MERRILL, Justice.

This is an appeal from a decree in a declaratory judgment proceeding, in equity, to determine the coverage of the policies issued by the contending insurance companies on vehicles and parties involved in a collision, as a result of which four lawsuits were filed.

None of the evidence was taken orally before the trial judge. Accordingly, on review here, there is no presumption in favor of his findings from the evidence. We must sit in judgment on the evidence. Henslee v. Merritt, 263 Ala. 266, 82 So.2d 212; Saliba v. Lunsford, 268 Ala. 307, 106 So.2d 176.

The Cosby-Hodges…