Travelers Indemnity Company v. Rader

Browning, Judge:

The Travelers Indemnity Company, a corporation, hereinafter referred to as plaintiff, instituted this declaratory judgment proceeding in the Circuit Court of Fayette County, West Virginia, against the defendants praying for a declaration of the rights, duties and liabilities of the parties under a subrogation agreement contained in a policy of insurance issued by plaintiff and for coercive relief. The facts have been stipulated by counsel and are not in dispute.

The defendant Gravelys were the insureds under a policy of insurance issued by the plaintiff which provided in part:

“C…