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Ex parte Alfa Mutual Insurance Co.7/22/2005
eviously filed tort action. However, as previously established, the declaratory-judgment action here does not involve the same issues as the previously filed tort action; therefore, the holding in Home Insurance Co. is not applicable.
Lastly, Young argues that Alfa failed to include an indispensable party in the declaratory-judgment action; therefore, he argues, this Court should order the trial court to dismiss the declaratory-judgment action. In support of this contention, Young relies on our holding in Stamps v. Jefferson County Board of Education, 642 So. 2d 941, 944 (Ala. 1994), that a declaratory-judgment action is not justiciable "where, by reason of inadequacy of parties defendant, the judgment could not be sufficiently conclusive." According to Young, because Alfa did not name Mary Thompson, a co-defendant in Young's personal-injury action, as a defendant in its declaratory-judgment action, the declaratory-judgment action should be dismissed. In the declaratory-judgment action, Alfa seeks a determination only as to its obligation to defend Arnette. Therefore, Thompson is not a necessary party to the resolution of the issue whether the incident for which Arnette is seeking to have Alfa defend and indemnify him falls within the exclusion set forth in Arnette's policy.
Conclusion
Alfa has established a clear legal right to have the stay vacated, and the trial court exceeded the scope of its discretion when it issued the stay and then denied Alfa's request for reconsideration of that order. Therefore, we grant the petition and issue a writ directing the trial court to vacate its order staying Alfa's declaratory-judgment action.
PETITION GRANTED; WRIT ISSUED.
Nabers, C.J., and See, Harwood, and Bolin, JJ., concur.
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