ALLSTATE INS. CO. v. ATWOOD

No. 84, September Term, 1987.

319 Md. 247 (1990)

572 A.2d 154

ALLSTATE INSURANCE COMPANY v. JOHN ATWOOD ET AL.

Court of Appeals of Maryland.

Motion for Reconsideration Denied May 25, 1990.


Attorney(s) appearing for the Case

Charles E. Wilson, Jr. (Thomas Patrick Ryan and McCarthy, Wilson & Ethridge, on the brief), Rockville, for appellant.

Alan S. Feld (Bulman, Dunie, Burke & Feld, on the brief), Bethesda, for appellee.

American Insurance Association by J. Snowden Stanley, Jr., E. Charles Dann, Jr. and Semmes, Bowen & Semmes, on the brief), Baltimore, amicus curiae.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


ELDRIDGE, Judge.

In Brohawn v. Transamerica Ins. Co., 276 Md. 396, 347 A.2d 842 (1975), this Court held that an insurer, prior to trial of a tort suit against its insured, ordinarily could not obtain a declaratory judgment concerning policy coverage, where the coverage issue was essentially the same as an issue to be decided in the pending tort case. This case presents the question of when an...

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