State Farm Mutual Automobile Insurance v. Myers

McFADDEN, Judge.

DeAnna Myers’s disabled adult ward, D. M., was the victim of a sexual battery while riding in the back seat of a car. On D. M.’s behalf, Myers brought suit for damages against, among others, the driver of the car. State Farm Mutual Automobile Insurance Company brought a separate action seeking a declaratory judgment that an automobile liability insurance policy it had issued to the driver’s wife did not cover the damages alleged in the underlying suit. Myers and State Farm filed cross-motions for summary judgment in the declaratory judgment action. The trial court granted…