McKeown v. Commerce Insurance

Williams, PJ.

During a lobby conference with counsel on the day of trial, the judge discerned no triable issue. She eschewed an unnecessary trial and entered judgment for the plaintiff, Michael P. McKeown (“McKeown”), against the defendant, Commerce Insurance Company (“Commerce”), on that part of McKeown’s claim that Commerce owed him $10,000.00 in medical-payment (“medpay”) proceeds from two automobile-liability policies.1 Commerce now claims that because it had paid the maximum allowable benefits by the time of trial, the judgment against it was entered in error. We agree, and reverse the…