Johnson v. St. Paul Fire & Marine Insurance

*736Bell, Judge..

The question for determination in this case is whether a plaintiff in a damage suit for personal injuries can be shanghaied into' a declaratory judgment action because of a justiciable, dispute with respect to an insurance policy between a defendant in the damage suit and the defendant’s insurance carrier.

The issue presented is of extreme importance because if such declaratory relief be granted, it will be an extension of the sphere of operation of the declaratory judgment law. Such an extension may permit concomitant evils that may open the function of declaratory judgments to…