O'Hara v. State Farm Mutual Automobile Insurance

Plaintiffs, Maura C. O’Hara and Mary Mitchell, brought a declaratory judgment action against defendant, State Farm Insurance Company, seeking a declaration that a conflict of interest existed between plaintiffs and defendant in an underlying tort action. On defendant’s motion, the trial court dismissed plaintiffs’ complaint “without prejudice” for failure to state a cause of action. Plaintiffs appeal from the order of dismissal.

On March 13, 1981, plaintiffs were involved in a one-car automobile accident. O’Hara, the driver of the vehicle, sustained personal injuries as a result of the…