Wentz v. Independent Life & Accident Insurance

PEARSON, Judge.

The appellant was the plaintiff in an action upon two insurance policies. He appeals from a summary final judgment entered upon the pleadings and depositions on file. The question presented by the appeal is whether there are any genuine issues of material fact.

A summary final judment for a defendant is properly entered only when the facts established and all reasonable inferences from these facts clearly demonstrate that a plaintiff has no right of action or that a defense is established without genuine issue and that the defendant is entitled to a judgment as a matter of law.…