maryland
casualty
pacific
coal
oil
argued
january
decided
february
parker
fulton
paca
oberlin
cleveland
ohio
petitioner
appearance
respondents
justice
murphy
delivered
opinion
petitioner
issued
conventional
liability
policy
insured
pacific
coal
oil
agreed
indemnify
insured
sums
latter
might
required
pay
third
parties
injuries
person
property
caused
automobiles
hired
insured
petitioner
also
agreed
defend
action
covered
policy
brought
insured
recover
damages
injuries
policy
force
collision
occurred
automobile
driven
respondent
orteca
truck
driven
employee
insured
orteca
brought
action
ohio
state
insured
recover
damages
resulting
injuries
sustained
collision
apparently
action
proceeded
judgment
petitioner
brought
action
insured
orteca
complaint
set
forth
facts
detailed
alleged
time
collision
employee
insured
driving
truck
sold
insured
conditional
sales
contract
petitioner
claimed
truck
one
insured
hence
liable
defend
action
orteca
insured
indemnify
latter
orteca
prevailed
sought
declaratory
judgment
effect
insured
orteca
temporary
injunction
restraining
proceedings
state
pending
final
judgment
suit
orteca
demurred
complaint
ground
state
cause
action
district
sustained
demurrer
circuit
appeals
affirmed
maryland
casualty
pacific
coal
oil
granted
certiorari
october
resolve
conflict
decisions
circuit
courts
appeals
cited
note
question
whether
petitioner
allegations
sufficient
entitle
declaratory
relief
prayed
complaint
raises
question
whether
controversy
within
meaning
declaratory
judgment
act
judicial
code
since
district
without
power
grant
declaratory
relief
unless
controversy
exists
nashville
ry
wallace
constitution
art
iii
difference
abstract
question
contemplated
declaratory
judgment
act
necessarily
one
degree
difficult
possible
fashion
precise
test
determining
every
case
whether
controversy
basically
question
case
whether
facts
alleged
circumstances
show
substantial
controversy
parties
adverse
legal
interests
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
see
aetna
life
ins
haworth
immaterial
frequently
declaratory
judgment
suit
positions
parties
conventional
suit
reversed
inquiry
either
case
nashville
ry
wallace
supra
page
page
complaint
instant
case
presents
controversy
plain
orteca
seeking
judgment
insured
action
latter
claims
covered
policy
sections
ohio
code
page
ohio
general
code
vol
give
orteca
statutory
right
proceed
petitioner
supplemental
process
action
obtains
final
judgment
insured
latter
satisfy
within
thirty
days
rendition
compare
maryland
casualty
corporation
central
surety
insurance
norris
fidelity
guaranty
pierson
moreover
orteca
may
perform
conditions
policy
issued
insured
requiring
notice
accident
notice
suit
order
prevent
lapse
policy
failure
insured
perform
conditions
hartford
accident
indemnity
randall
ohio
see
also
lind
state
automobile
mutual
insurance
association
ohio
state
automobile
mutual
insurance
association
friedman
ohio
clear
actual
controversy
petitioner
insured
compare
aetna
life
ins
haworth
supra
held
contrariwise
orteca
controversy
yet
remote
possible
opposite
interpretations
policy
might
announced
federal
state
courts
federal
judgment
binding
orteca
might
determine
petitioner
obligated
policy
state
supplemental
proceeding
orteca
petitioner
might
conclude
otherwise
compare
central
surety
insurance
norris
supra
page
aetna
casualty
surety
yeatts
thus
hold
actual
controversy
petitioner
orteca
hence
petitioner
complaint
cause
action
latter
however
decision
authorize
issuance
injunction
prayed
petitioner
judicial
code
see
central
surety
insurance
norris
supra
page
maryland
casualty
consumers
finance
service
aetna
casualty
surety
yeatts
supra
page
judgment
circuit
appeals
reversed
cause
remanded
proceedings
conformity
opinion
reversed
remanded
justice
black
participate
consideration
decision
case
footnotes
maryland
casualty
corporation
central
surety
insurance
norris
maryland
casualty
consumers
finance
service
aetna
casualty
surety
yeatts
fidelity
guaranty
pierson
associated
indemnity
manning
see
also
employers
liability
asurance
ryan
carnes
employers
liability
assurance
standard
accident
insurance
alexander
supp
fidelity
guaranty
pierson
supp
builders
manufacturers
mutual
casualty
paquette
travelers
insurance
young
commercial
casualty
insurance
humphrey