Harleysville Mutual Casualty Insurance v. Carroll

Herrmann, J.:

Two questions are presented for decision: (1) Does an “actual controversy” exist such as will support the Court’s jurisdiction to grant a declaratory judgment determining the liability of the plaintiff under an insurance policy issued by it; and if so (2)' is the defendant the “spouse” of the named insured within the coverage of the policy?

The complaint filed by the plaintiff against the defendant alleges the following: On January 2, 1954, the plaintiff issued a policy of automobile liability insurance to Wade Stanley Carroll as the named insured. Under the terms of the policy,…