Farm Bureau Mutual Ins. Co. v. Barnett

The opinion of the court was delivered by This is an appeal in a declaratory judgment action wherein the trial court held in favor of the defendants and against the plaintiff. Plaintiff is the liability insurance company with which defendant J.R. Barnett had a policy of automobile insurance. Defendants Arthur E. Kohls and Kathryn Kohls filed separate damage actions against Minnie Barnett arising out of a set of facts involving an automobile accident where Minnie's negligence caused personal injury and damage to Kathryn, her daughter. A short time after the accident and while Kathryn was still in the hospital an adjuster for plaintiff made contact with defendants J.R. Barnett and Minnie Barnett. He later called upon all of the defendants at their homes and obtained statements from them. This was shortly after they had brought Kathryn home from the hospital. A court reporter took the statements. Statements were taken again after the Kohls filed their actions against Minnie as a result of the accident and personal injury damages to Kathryn. We have not and will not discuss the details of the actions or the statements for the reason such discussion is not necessary at this time.