Buss v. Clements

The appeal presents two issues:(1) Whether upon the search of the whole record it shows as a matter of law that James Clements failed to comply with his obligation to report the accident to the Insurance Company as soon as practicable.(2) If such failure was found, whether upon the examination of the entire record it shows as a matter of law no issue remains that appellant was prejudiced.

The trial court denied appellant’s motion for summary judgment after hearing counsel for both sides and after reading the record, pleadings, and affidavits, for the reason it considered there were substantial…