Tindall v. Farmers Automobile Management Corp.

Appellants, Vern Tindall individually and as administrator of the estate of Faye Tindall, commenced this action for a declaratory judgment in the Circuit Court of Peoria County seeking a construction of and declaration of rights under an insurance policy issued by Appellee, Farmers Automobile Management Corporation. Appellee moved to dismiss the complaint on the grounds that the complaint failed to state a cause of action. The trial court granted the motion, dismissed the complaint and this appeal follows.

The complaint alleges that on July 4, 1963, Mr. and Mrs. Vern Tindall were passengers in…