Finney v. Pan-American Fire & Casualty Co.

Bell, Chief Judge.

The insurance company brought this action for a declaratory judgment against the defendants, Finney, Rue and Walker L. P. Gas, Inc. Finney answered but the other defendants did not. Finney as party plaintiff had instituted a prior tort action against Rue for personal injuries suffered in an automobile accident involving a truck owned by Walker and operated by Rue. Plaintiff had issued a comprehensive automobile liability policy to Walker which was in effect at the time of the accident. Defendant Finney moved for summary judgment which was denied and the denial was certified…