Cincinnati Insurance v. Mullinax

Blackburn, Judge.

The Cincinnati Insurance Company (Cincinnati) appeals the trial court’s grant of defendants’ motion for summary judgment and the denial of its own motion for summary judgment. In the underlying declaratory judgment action, Cincinnati sought a determination of the rights and obligations conferred in the automobile insurance contract issued by Cincinnati to defendants Randy J. Mullinax and Shawn A. Mullinax.

Randy and Shawn Mullinax are listed as the named insureds on the automobile insurance contract issued by Cincinnati. While using their car, without their permission, the…