标题:ROBERT DAVID KNIGHT, by and through
his guardian ad litem CAROL SUE ELLIS,
Plaintiff/Appellant, v. JOHNNY MILLER,
TIMELINE RECOVERY, L.L.C., and EMPIRE
FIRE AND MARINE INSURANCE
COMPANY, Defendants/Appellees.
摘要:In 2004 the legislature deleted from our
Declaratory Judgment Act, 12 O.S. 2001 §1651,
a proscription of declarations of liability or
nonliability for damages on account of alleged
tortious injuries “concerning obligations
alleged to arise under policies of insurance
covering liability or indemnity against liability
for such injuries.” The question before us in
this accelerated review is whether, under the
revised statute, a plaintiff in a negligence/injury
suit, who has not yet obtained a judgment
against a tortfeasor, may bring a declaratory
judgment action against the tortfeasor’s insurer
to determine issues of liability or indemnity
insurance coverage.