Coombs v. Lumbermen's Mutual Casualty Company

OPINION

DONOFRIO, Judge.

This is an appeal from a declaratory judgment action in which summary judgment was entered in favor of the plaintiff-appellee insurance company adjudging that the appellee was not liable on an automobile insurance policy issued to defendant-appellant Wayne Garroutte. We are called upon to determine whether the trial court committed error in granting plaintiff’s motion for summary judgment.

In approaching this question we are governed by the rule that when the pleadings, depositions, and admissions on file, together with the affidavits and exhibits, show that there is no…