Atlanta Casualty Co. v. Fountain

Clarke, Chief Justice.

We granted certiorari to consider whether the Atlanta Casualty Company should have been allowed to pursue an action for declaratory judgment under the circumstances of this case. We conclude that it should have, and therefore reverse.

Stanley and Marsha Fountain bought automobile insurance from Atlanta Casualty Company. They agreed to a “named driver exclusion” which excluded their 16-year-old daughter, Cynthia Fountain, from any coverage except personal injury protection. They also rejected in writing “all uninsured motorist coverage if the vehicle is being driven by the…