Eberhardt v. UNIGARD MUTUAL INSURANCE COMPANY

Banke, Judge.

Timothy Eberhardt and Allstate Insurance Company brought this declaratory judgment action against Unigard Mutual Insurance Company to determine whether Eberhardt is insured under the omnibus clause of an automobile liability insurance policy issued by Unigard. They also sought to stay certain tort actions pending against Eberhardt until the issue of coverage under the Unigard policy, and Unigard’s consequent obligation to defend the tort actions, has been resolved. The plaintiffs appeal the dismissal of the action for failure to state a claim on which relief can be granted.

Unigard…