American Rehabilitation & Physical Therapy, Inc. v. American Motorists Insurance

¶ 1 Appellant, American Motorists Insurance Company (hereinafter “AMICO”), appeals from the order entered on August 21, 2002, granting summary judgment in favor of Appellee, American Rehabilitation and Physical Therapy, Inc. (hereinafter “American Rehab”), in connection with American Rehab’s claims for declaratory judgment in the amount of $16,849.28. For the reasons that follow, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 The lower court summarized the background of this case as follows:

This declaratory judgment action was brought by the insured, [American Rehab] seeking a determination…