American Food Management, Inc. v. Transamerica Insurance

American Food Management, Inc., (hereinafter insured) filed a declaratory judgment action in the Circuit Court of Boone County against Transamerica Insurance Company (hereinafter insurer) seeking a declaration of rights as to coverage under a policy of liability insurance issued by insurer to insured. Juanita Rae Couch (hereinafter Couch), claimant in a pending tort action against insured, was joined as an additional defendant. A judgment denying declaratory relief prompted an appeal by insured.

A pending tort action brought by Couch against insured in the Circuit Court of Polk County was…