Alewine v. Horace Mann Insurance

Beasley, Judge.

David G. Barnes and Linzy Barnes filed identical tort actions against James G. Alewine, whose cow had escaped from its fenced enclosure on his property and collided with a car driven by David Barnes in which Linzy Barnes was a passenger.

Alewine sought coverage under his homeowner’s insurance policy with Horace Mann Insurance Company. Insurer sought a declaratory judgment to obtain a determination of its obligations under the insurance policy. A stay of the underlying tort claims was ordered pursuant to the consent of all parties.

Insurer denied liability, relying upon the…