Provident claims Leroy A. Kerwin was never employed by United Family, never received any compensation from it, and therefore was not eligible for coverage under the group policy. It claims that if Kerwin was an employee his employment terminated prior to his death. It raises questions as to coverage under the policy as to accidental deaths which are dependent upon establishing the exact date of death. Provident also claims that, if it is liable on the policy, Interfinancial and United Family are liable to it. Provident prayed for a declaratory judgment and that Mrs. Carol R. Kerwin be permanently enjoined from filing suit against it. Prior to service of this suit Mrs. Kerwin filed suit against Provident for sums due under said group policy and Provident entered a third-party complaint against Interfinancial and United Family. The trial court on motion dismissed Provident's suit for declaratory judgment and equitable relief. This appeal followed. Held:

1. This appeal was originally filed in the Court of Appeals. It transferred the appeal to this court because the case involved equity. We conclude this court has jurisdiction of the appeal under the so-called rule of"bad equity cases." The motion to transfer the appeal back to the Court of Appeals is denied.

2. In our opinion the instant case, in substance, merely asks the court to determine whether Provident is liable upon an insurance policy which it issued and if so whether it has a claim over against Interfinancial or United Family. All rights have accrued and Provident faces no risk of taking future undirected action. There is not sufficient basis for declaratory judgment or equitable relief. Provident's positions can be presented when suit is entered by the claimant and as a matter of fact have been presented in such litigation which is now pending. McCallum v. Quarles, 214 Ga. 192 (104 SE2d 105); Salomon v. Central of Georgia R. Co., 220 Ga. 671 (141 SE2d 424); Code Ann. 110-1102 (Ga. L. 1945, p. 137; 1959, pp. 236, 237.)