Erie Insurance Group v. Fisher

This appeal presents two issues for resolution. First, under what circumstances does the right to a jury trial exist in a declaratory judgment action? Second, once initial permission has been granted to use an automobile, for what scope of operations does the user remain a permitted user for purposes of coverage under the omnibus clause of an insurance policy?

A controversy between an insurer and its insured as to its liability or duty to defend is properly determinable by a declaratory judgment action. Travelers Indemnity Co. v. Cochrane (1951), 155 Ohio St. 305 [44 O.O. 302], paragraph one…