American Mutual Liability Insurance v. St. Paul Fire & Marine Insurance

We conclude that the circuit judge erred in granting judgment to the defendant. For summary judgment to be granted to a defendant, the affidavits offered in support of the defendant’s motion must contain facts which, if uncontested, are sufficient to show that the plaintiff’s claim has no merit. It is therefore incumbent upon the trial court to address itself to the question of whether the evidentiary facts set forth in the movant’s affidavits are sufficient to vitiate the plaintiff’s cause of action.

In the instant case, the defendant’s affidavit did not purport to meet the cause of action…