ALLSTATE INSURANCE COMPANY v. Diana Lynn TARRANT Et Al.

OPINION

SHARON G. LEE., J,

delivered the opinion of the Court,

in which JANICE M. HOLDER AND GARY R. WADE, JJ., joined. WILLIAM C. KOCH, JR., J., filed a dissenting opinion, in which CORNELIA A. CLARK, C.J., joined.

After an automobile accident between the insured’s van and a motorcycle, the insurer filed a declaratory judgment action to determine whether the van was covered under a commercial policy with a liability limit of $500,000 or a personal policy with liability limits of $100,000 per person and $300,000 per accident. The insurer alleged that before the accident the insured had instructed…