American Motorists Insurance v. Central Garage

The course pursued by the plaintiff in attempting to ¡secure a decision upon the question of its duty to defend the suits which have been brought against the defendants in advance of their trial is undoubtedly correct. “Ordinarily, and in the absence of agreement of the parties, the issue is one calling for preliminary presentation, so that the insurer’s right or duty to defend the action for negligence may be first determined.” Sauriolle v. O’Gorman, ante, 39, 49. The declaratory judgment act (Laws 1929, c. 86) provides a convenient procedure for determining such a question, and the present…