Lumbermens Mutual Casualty Co. v. Barnett

Plaintiff, having heretofore commenced an action for declaratory judgment against the defendants, now moves, inter alia, for summary judgment herein.

It is well settled that the threshold qualification for such relief is met when, as here, no factual dispute separates the parties.

All agree that on September 7, 1974, defendant Kenneth Barnett while operating his motor vehicle became involved in an accident with defendant Monnier. At such time, Mr. Barnett (with liability insurance issued to him by plaintiff) had as a passenger his wife, defendant Geraldine Barnett, who suffered personal…