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WARREN v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY

[No. 480, September Term, 1965.]

244 Md. 471 (1966)

224 A.2d 271

WARREN AND WARREN v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY AND THORNE

Court of Appeals of Maryland.

Decided November 17, 1966.

Attorney(s) appearing for the Case

Lansdale G. Sasscer, Jr., with whom were Sasscer, Clagett, Powers & Channing on the brief, for appellants.

Leonard L. Lipshultz, with whom were Sol Friedman and Friedman & Lipshultz on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER and FINAN, JJ.

HORNEY, J., delivered the opinion of the Court.

The question on this appeal is whether the action of the lower court, in deciding prior to a trial of the issue of negligence that the insurer was not obliged to defend the damage suit arising out of a motor vehicle accident, was premature under the facts and circumstances of this case. We think it was.

When Joyce Warren and Charles R. Warren (the plaintiffs-appellants...

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