State Farm Fire & Casualty Co. v. Jones

Plaintiff insurer began this declaratory judgment proceeding to determine its liability under an automobile liability policy issued to defendant insured. Plaintiff contends that the policy does not cover the bodily injuries sustained by defendant.

Defendant sustained the bodily injuries while riding as a passenger in her automobile. The driver, Frank, was operating the automobile with defendant’s permission. Defendant brought a negligence action against Frank. Plaintiff then brought this separate action for a declaration that “pursuant to the contract of insurance [issued to defendant] the…