Travelers Insurance v. Buckeye Union Casualty Co.
Court of Common Pleas of Ohio, Franklin County, Civil Division
1Opinion of the Court
OPINION
By DRAPER, J.
This case comes into this court on a motion for judgment on the pleadings by the defendant Buckeye Union Casualty Company.
*110The points upon which the motion is based, are as follows:
1. Is the Declaratory Judgment action available to the Travelers Insurance Company in this case?
A — The motion for judgment on the pleadings is in the nature of a demurrer.
The question presented by such motion is whether or not the facts alleged are sufficient to give the Court jurisdiction to enter a Declaratory Judgment.
First — There must be a justiciable controversy.
Second — The facts pleaded…
2Cases cited13 opinions
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- Raffel v. Travelers Indemnity Co.Supreme Court of Connecticut · 1954
- Stammer v. KitzmillerWisconsin Supreme Court · 1937
- Pleasant Valley Lima Bean Growers & Warehouse Ass'n v. Cal-Farm InsuranceCalifornia Court of Appeal · 1956
- Bituminous Cas. Corp. v. Travelers Ins. Co.District Court, D. Minnesota · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commercial Standard Insurance Co. v. American General Insurance Co.Texas Supreme Court · 1970
- Barnette v. Hartford Insurance GroupWyoming Supreme Court · 1982
- Maryland Casualty Co. v. American Fidelity & Casualty Co.District Court, E.D. Tennessee · 1963
- Travelers Ins. v. Auto-Owners (Mutual) Ins.Ohio Court of Appeals · 1964
- Kelly v. State Automobile Insurance AssociationCourt of Appeals for the Sixth Circuit · 1961
7 more not listed; retrieve them via the Exa API.