Southeastern Fidelity Fire Insurance v. State Farm Mutual Automobile Insurance

Jordan, Presiding Judge.

The general demurrer to the first count of the petition, filed before the effective date of the Civil Practice Act and ruled upon thereafter, is without merit. At the time of the ruling it had no greater status than a motion to dismiss for failure to state a claim under the new practice. The original petition which was then the first count amply meets the notice requirements of the new practice in stating a claim for declaratory judgment for which relief may be granted, i.e., a claim that Copeland was insured by Southeastern on June 20, 1964. See American Southern Ins.…