State Farm Automobile Insurance v. Metropolitan Property & Casualty Insurance

Phipps, Judge.

State Farm Automobile Insurance Company and its insured, Horst Ziesing, challenge a declaratory judgment obtained by Metropolitan Property & Casualty Insurance Company that an automobile liability policy issued by State Farm to Ziesing covered the driver of an automobile involved in an accident. Because we agree with appellants that the declaratory judgment was not authorized, it is hereby vacated; *431appellants’ argument pertaining to the merits of the ruling is not reached; and the case is remanded for entry of a dismissal order.

On April 12, 1999, an automobile accident involving…