Dairyland Insurance v. Gay

Sognier, Judge.

Dairyland Insurance Company brought this declaratory judgment action against Kenneth Gay seeking a determination of its obligations as the purported liability insurer of Gay’s automobile. Miles Rich Chrysler/Plymouth’s motion to intervene was granted. The trial court denied Dairyland’s motion for summary judgment and we granted its application for interlocutory appeal.

The record reflects that Gay purchased his automobile from Miles Rich Chrysler/Plymouth on June 24, 1987. At the same time Gay also purchased what was purported to be automobile insurance from Fred Heller, a…