American Interinsurance Exchange v. Norton

COOPER, Judge.

This is an appeal from a declaratory judgment holding the appellee, Darrell Dean Norton, to be an insured under a policy of insurance issued by the appellant, American Interinsuranee Exchange. The issue presented is whether such judgment is clearly erroneous. CR 52.01. On review, we reverse and remand.

The facts relative to this action are as follows: In July of 1979, the appellee, Christine Nation, Administratrix of the estate of Donnie Nation, deceased, filed a negligence action against the co-appellees, Darrell Dean Norton, Frank Jemley, Jr., Frank Jemley, III, Dorothy E.…