American Motorists Insurance v. Farmers Bank & Trust Co.

CAVANAUGH, Judge:

This is an appeal from an order which denied appellant American Motorists Insurance Company’s (“American”) motion to amend its petition for declaratory judgment and grant ed appellee Farmers Bank and Trust Company’s (“Farmers Bank”) motion for judgment on the pleadings. After careful review and for the reasons which follow, we reverse.

The facts of this case, as accurately stated by the trial court, are as follows:

American Motorists Insurance Company, commenced this [declaratory judgment] action on February 24,1988, seeking a determination of its responsibility under the…