Home Insurance Co. v. Hillview 78 West Fire District, 395 So.2d 43, 44 (Ala. 1981) (citations omitted) (emphasis added). See also Cotton States Insurance Co. v. Marsh, 551 So.2d 293 (Ala. 1989). In Home Insurance Co., the issue presented in both the declaratory judgment action and the negligence action was whether a passenger in the vehicle was an "employee.