Hubbard v. United States Fidelity & Guaranty Co.

HOWARD, Presiding Judge.

This is a suit by appellant against her insurance carrier, the respondent, under the collision coverage of an insurance policy issued by respondent. The suit prayed for judgment in the amount of $549.15 for property damage, plus interest, together with damages for vexatious refusal to pay and reasonable attorney’s fees. We shall refer to the parties as they appeared below.

The defendant company filed what was denominated as a motion to dismiss. The trial court and the parties treated the defendant’s motion to dismiss as being a motion for summary judgment and we shall…