Atkinson v. State Farm Mutual Automobile Insurance

The original complaint filed in this action involves an automobile accident between vehicles driven by Judy E. Atkinson and Thomas Schaef-fer. Included in the complaint was an action for declaratory judgment to determine what rights plaintiff may have against State Farm Mutual Automobile Insurance Company (“State Farm”) and Nationwide Insurance Company (“Nationwide”).

Partial summary judgments were requested by both State Farm and Nationwide. The court of common pleas determined in its entry of February 16, 1983 that Thomas Schaeffer was not covered by the policy of Nationwide. This judgment…