Fidelity & Casualty Co. of New York v. Wrather

FLANIGAN, Judge.

This appeal by State Farm Mutual Automobile Insurance Company arises out of a declaratory judgment action in which the trial court, sitting without a jury, found that two policies of liability insurance issued to one Wrather afforded coverage to him in the defense of a tort action brought against Wrather and others by one Nanney. One of the policies was issued by State Farm and the other was issued by The Fidelity & Casualty Company of New York (“F & C”). Only State Farm has'appealed.

The declaratory judgment action was instituted by plaintiff F & C against defendants Wrather,…