Iowa Mutual Insurance Co. v. Fred M. Simmons, Inc.

Appellant challenges the propriety of plaintiff invoking the provisions of our Declaratory Judgments Act, G.S., Chapter I, Article 26, under the circumstances alleged in the complaint. Congress and most of the States, including North Carolina, have authorized declaratory relief, but only in cases involving an actual controversy appropriate for judicial examination. Annotation: 49 A.L.R. 2d 700. Generally, questions involving the liability of insurance companies under their policies are proper subjects for declaratory relief. Assurance Co. v. Gold, Com’r of Insurance, 248 N.C. 288, 103 S.E. 2d…