State Farm Mutual Automobile Insurance Company, a Corporation v. Roy A. Bonwell, Shelton A. Mick, Samuel T. Shaffner and Willie Marie Shaffner

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff insurer from judgment dismissing without prejudice its petition for declaratory judgment to determine its obligations under an automobile liability insurance policy issued by it. The question for our determination is whether the trial court abused its discretion in dismissing the petition. Jurisdiction based upon diversity of citizenship and the requisite amount is established.

Plaintiff alleged in its complaint that it issued to defendant Bonwell an automobile liability insurance policy, which ■contains, among other things, an…