Lee v. State Farm Mutual Automobile Insurance Co.

McAllister, j.

This is not a suit in equity as it is described by the parties, but a declaratory judgment proceeding to decide the rights of the plaintiff Loma Lee as the insured under a policy of liability insurance issued to her by the defendant State Farm Mutual Automobile Insurance Co. We have uniformly held that such a proceeding is in the nature of an action at law and governed by the same rules. ①..However, since the proceeding involves only the construction of a contract as a question of law we are not hound by the finding of the trial court, but are free to decide the question de…