Cotton States Mutual Insurance v. Tabor

Felton, Chief Judge.

Since the judgment of the court sustaining the general demurrer to the petition for declaratory judgment in this case the defendant in the present action has instituted an action directly against the plaintiff insurance company to recover on the insurance policy in question, the rights and obligations under which the company seeks to have declared in this action. In the action directly against the company in which recovery is sought on the policy the court overruled the demurrers of the insurance company and the company appealed the case to this court and this court ruled…