DeMent v. Nationwide Mutual Insurance

TIMMONS-GOODSON, Judge.

Leland DeMent (“plaintiff’) brought this action for a declaratory judgment defining his rights under the “Supplementary Payments” clause of an insurance policy issued by Nationwide Mutual Insurance Company (“defendant”) to Paula Keene, the driver of an automobile involved in an accident with plaintiffs vehicle. Defendant moved to dismiss the action and for judgment on the pleadings alleging, inter alia: (1) failure to state a claim upon which relief may be granted; (2) lack of a justiciable issue or genuine controversy; (3) failure to join the real party in interest;…