Halterman v. Motorists Mutual Insurance Co.

This cause comes before this court from an order granting plaintiffs-appellees Sharon Halterman and Edward Delle’s prayer for declaratory judgment. The order was designated final pursuant to Civ. R. 54(B) and specifically stated there was no just reason for delay. Defendants-appellants Motorists Mutual Insurance Company (“Motorists Mutual”) and Franjo Dures filed this appeal from such adverse ruling.

The facts in this case are not in dispute. On December 3, 1978, appellant Dures was traveling in his automobile on 1-90 when he ran out of gasoline. He pulled off onto the berm. Appellees Delle…