Phillips v. National-Ben Franklin Insurance

Pannell, Judge.

A petition seeking declaratory judgment as to coverage and obligation to defend on a policy of automobile liability insurance issued by it was brought by National-Ben Franklin Insurance Company against the named insured and driver of the insured vehicle, as well as the plaintiffs in separate actions brought against the insured and the driver arising from a collision involving the insured automobile. The petition alleged a justiciable controversy as well as that the insurer was uncertain as to whether it should defend the actions. Answers were filed alleging the insurer had…