Kubiak v. General Accident Fire & Life Assurance Corp.

The only issue presented on this appeal is whether the defendant-respondent General Accident Fire & Life Assurance Corporation’s automobile fleet policy and affidavits set forth sufficient evidentiary facts, including documents, so as to establish that the automobile fleet policy of insurance issued by it did not provide coverage for the defendant, Donald J. Kuhlman.

If there are any unresolved material questions of fact existing in the record the court will not grant summary judgment, for it is the function of the court to determine if such questions exist and not to resolve material…