Allstate Insurance v. Davenport

Plaintiff Allstate Insurance Company (Allstate) brought this declaratory judgment action against defendant Leonard D. Davenport, in which it sought to determine whether benefits were due to defendant on an automobile insurance policy. The trial court entered summary judgment in favor of plaintiff. Defendant now appeals, contending that material questions of fact exist and the trial court was thus precluded from entering summary judgment in favor of plaintiff.

On April 14, 1986, defendant was involved in an automobile accident. At the time of the accident, defendant was in the scope of his…