CENTRAL MUT. INS. CO., v. LUTZ

Declaratory judgments — When available — Disputed facts.

A declaratory judgment may not be granted where there are important controverted or disputed facts.

Mr. Justice COHEN concurred in the result.

OPINION BY MR. CHIEF JUSTICE BELL, April 21, 1964:

This appeal arose from a Judgment rendered for defendants in a declaratory judgment proceeding. The pleadings and testimony raised important controverted or disputed facts and consequently a declaratory judgment proceeding will not lie. Allstate Insurance Company v. Seward, 407 Pa. 628, 182 A.2d 715; State Farm Mutual Automobile Insurance Company v. Semple, 407 Pa. 572, 180 A.2d 925.

Judgment vacated.

Mr. Justice COHEN concurs in the result.