Cincinnati Ins. Co. v. Nelson

James A. Nelson, Jr., was involved in an accident when the vehicle he was driving collided with a 1989 Dodge Dakota truck driven by Gregory E. Morris, an employee of D.M. Kennedy and Associates, Inc. ("Kennedy and Associates"). Nelson sued Morris, Kennedy and Associates, and State Farm Mutual Automobile Insurance Company ("State Farm"), Nelson's automobile liability insurer. In that action Nelson alleged claims of negligence and wantonness against Morris and Kennedy and Associates, and an underinsured motorist claim against State Farm.

Nelson later brought a declaratory judgment action against…