Safeway Managing General Agency for State & County Mutual Fire Insurance v. Cooper

BOYD, Chief Justice.

In this appeal from a declaratory judgment, we are asked to review a trial court declaration that a named driver exclusion in a contract for automobile insurance was ineffective to deny coverage under the policy. We are also asked to determine the propriety of the inclusion of a third party claimant in the declaratory judgment. For reasons we later discuss, we reverse and remand the judgment of the trial court, with the exception of that portion awarding Cooper’s attorney fees. The severed portion of the judgment awarding attorney fees is affirmed.

For a proper discussion,…