Insurance Co. v. Lumbermens Mutual Casualty Co.

Opinion by

Mr. Chief Justice Bell,

This is an appeal from an order of tbe lower Court which dismissed defendant’s preliminary objections to a petition for a Declaratory Judgment.

The pertinent facts, as set forth in the petition for a Declaratory Judgment and admitted by defendant’s preliminary objections, are as follows: On February 1, 1960, the plaintiff issued its policy of insurance to James J. Dykes, covering a 1956 Plymouth station wagon. Its liability limits were $50,000 for personal injuries sustained by one person.

The policy pertinently provided that “Part I — Liability . . . Other…