This section contains the nature of the case and procedural background.

Price (P) had a liability insurance policy from the Hartford Accident and Indemnity Co. (D) that promised to pay 'all sums in liability arising out of the ownership, maintenance and use' of his automobile. P was drag racing when he injured Gary Gardner. Gardner sued P for compensatory damages of $100,000 and punitive damages of $25,000. D asserted that is had no duty to defend or indemnify P for the punitive damage claim. P sought a declaratory judgment that the policy included coverage for punitive damages.

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