Drawdy v. Direct General Insurance

Hunstein, Justice.

We granted certiorari in this insurance case to consider the pro cedural question whether an automobile insurer, after expressly denying coverage without qualification or conditions, may bring an action for declaratory judgment to determine its contractual duties to its insured when no litigation is pending against the insured at the time the declaratory judgment action is filed but the insurer thereafter provides a defense to the insured under a reservation of rights. See Direct General Ins. Co. v. Drawdy, 258 Ga. App. 149 (1) (572 SE2d 629) (2002). For the reasons that…