Hoffman v. Insurance Company of North America

Stolz, Judge.

The plaintiffs, an alleged insured and its employee, as distinguished from its alleged liability insurer, are not entitled to a declaration of rights to determine the obligations of the defendants — the alleged insurer, the insurer’s agent and the agent’s liability insurer — in respect to settling, defending, or paying any final judgment in a pending tort action against the alleged insured and its employee, based upon the employee’s collision with a third party while driving his (employee’s) personal automobile, which is contended to have been a temporary substitute automobile…