Indiana Lumbermen's Mutual Insurance v. Russell

HARDY, Judge.

This suit was filed by plaintiff, Indiana Lumbermen’s Mutual Insurance Company, against defendant, Billy D. Russell, praying for a declaratory judgment as to the question of coverage, vel non, under an automobile liability policy issued by plaintiff to defendant. From judgment in favor of defendant decreeing him to be covered by the policy in question as an insured while driving an automobile owned by his wife, the plaintiff has appealed.

The reason underlying plaintiff’s proceeding for a declaratory judgment is disclosed by the record, namely, that defendant, Russell, was…