Franklin General Insurance v. Hamilton

Appellant brought this action against appellees for a declaratory judgment on an automobile insurance policy issued by it to appellee Garrett. Appellee Hamilton was injured by appellee Garrett in an automobile collision. He brought an action for damages against appellee Garrett charging negligence, which résulted in a judgment in his favor for $8,000.00 against Garrett. During the pendency of that action appellant brought this action on the grounds that appellee Hamilton’s injury was the result of an assault and battery and under the provisions of its policy it was not liable.

Trial to the…