Yankoff v. Allied Mutual Insurance Company

MATTHES, Judge.

In this jury tried case defendant appeals from the judgment for $2,068.40 obtained by plaintiff in his action on a policy of insurance. Of the amount awarded, $1,-668.40 was designated as damages, and $400 as attorneys’ fee.

The policy insured plaintiff’s 19S0 Cadillac automobile against loss of or damage to the automobile caused by collision or upset in excess of $50. The policy contained a medical payment clause. Condition 11(a) of the policy provided that when loss occurs the insured (plaintiff) shall protect the automobile, and reasonable expense incurred in affording such…