Gabriel v. Shelter Mutual Insurance Co.

FLANIGAN, Judge.

Plaintiff Jesse Gabriel brought this action against defendant Shelter Mutual Insurance Company, seeking damages of $209,737 and other relief. The action was based on benefits to which plaintiff was allegedly entitled, and which defendant had refused to pay, under an automobile insurance policy.

Each side filed a motion for summary judgment. Rule 74.04. 1 The trial court sustained defendant’s motion and denied plaintiffs motion. Plaintiff appeals.

Plaintiffs first point is that the trial court erred in sustaining defendant’s motion for summary judgment because: (a) “The trial…