Allstate Insurance Co. v. Brooks

(Western Section).

Plaintiff, Allstate Insurance Company (“Allstate”), filed this declaratory judgment action in the Circuit Court of Davidson County against Lonnie L. Brooks, John E. Brooks (“Spooner”), deceased, Grace Brooks, and David A. Merritt. Allstate sought a declaration that it was not obliged to afford liability coverage to Spooner under a homeowners insurance policy issued to Brooks. Following a bench trial, the trial court held that under the facts as presented, coverage should be afforded Brooks as a result of Spooner’s actions.

Allstate presents three issues by this appeal,…