Collier v. Canal Insurance Co.

Mark D. Collier appeals from a final order granting appellee’s (Canal Insurance Company) motion to dismiss. We consider in this appeal the issue of whether the trial court correctly granted that motion, in which it dismissed Collier’s complaint and counterclaim for declaratory relief on grounds of mootness. We reverse.

On Friday, October 8, 1982, B.A. Collier placed a phone call to Jasper Leroy Smith, his insurance agent. Collier told Smith he had purchased a truck for his seafood business and planned to use it the very next morning. The record does not reveal precisely what day Smith mailed…