Balian v. Allstate Insurance Co.

OPINION

KELLEHER, Justice.

This controversy is before us as a result of an appeal by the defendant, Allstate Insurance Company (Allstate), from a portion of a declaratory judgment in which the plaintiff, Rebecca Balian (Balian), was awarded underinsured-motorist benefits from Allstate. Additionally Balian appeals the denial of her motion to dismiss Allstate’s declaratory-judgment action and that portion of the declaratory judgment decided in Allstate’s favor. We sustain Allstate’s appeal in part and sustain the denial of Balian’s motion to dismiss.

On December 11, 1987, Balian's vehicle was…