American Motorists Insurance Co. v. Shrock

CROSS, Judge.

This is an action for money had and received wherein plaintiff, American Motorists Insurance Company, undertakes to recover of its insured, defendant Wanda F. Shrock, certain “medical payments” (actually burial expenses of her deceased husband) it had previously made to her under an automobile liability policy. Pursuant to defendant’s motion for summary judgment, the trial court entered judgment in defendant’s favor disallowing such recovery. Plaintiff has appealed.

In a single point plaintiff charges the trial court with error “in entering judgment for the defendant and not…