Builders Insurance Group, Inc. v. Ker-Wil Enterprises Inc.

Ellington, Judge.

Builders Insurance Group, Inc. (“Builders”) filed a petition in the Superior Court of Henry County seeking a judgment declaring its rights with respect to a policy of workers’ compensation insurance it issued to Ker-Wil Enterprises, Inc., d/b/a B & K Builders (“Ker-Wil”). Builders filed a motion for summary judgment with its complaint, which the trial court did not address. Ker-Wil filed a motion to dismiss with its answer, which the superior court granted on the ground that a “declaratory judgment is inappropriate at this time.” Builders appeals, contending the court erred…