Pratt v. Protective Insurance

This is an appeal from the dismissal of a declaratory judgment action. The plaintiff Charles E. Pratt sought a declaration of rights under an insurance policy issued by defendant Protective Insurance to defendant Express Freight Lines (Express). While delivering a load of freight for Express, defendant Rondell Andrews caused an accident in which Pratt was injured. Pratt presently holds an unsatisfied $425,000 personal injury judgment against Andrews. Andrews is not a named insured under the policy issued to Express. Pratt’s theory is that Andrews is covered even though unnamed in the policy…