Zappa v. Fahey

Plaintiffs appeal from a judgment entered pursuant to an order for summary judgment in favor of defendants Mrs. Irving J. Fahey, Thomas E. Fahey, American Family Mutual Insurance Company, and Preferred Risk Mutual Insurance Company.

On November 12, 1972, a 1966 Ford automobile owned by Thomas Fahey, registered to Mrs. Irving Fahey, and insured by American Family Mutual Insurance Company was struck by an automobile insured by Preferred Risk Mutual Insurance Company. Shortly thereafter Melvin Rathman, a claims agent for Preferred Risk, examined the Ford and determined it to be a total loss. He…