SOUTHERN GUARANTY INSURANCE COMPANY v. Duncan

Pannell, Judge.

This is a declaratory judgment action brought by Southern Guaranty Insurance Company, the insurer, against Kenneth S. Duncan, the insured, and Stephen Vance Pegram and his next friend, J. E. Neill, parties to a pending action, in which the insurer sought a declaration it had no coverage under its policy as to the incident out of which the pending action arose. The case was submitted to the trial judge for decision without a jury. The only testimony submitted was that of the insured taken by deposition. There was also in evidence a homeowner’s liability policy issued by the…