Linceum v. Short

MILLER, Judge.

Dock Linceum seeks damages which resulted from an automobile accident allegedly resulting from the negligence of James H. Short insured by State Farm Mutual Automobile Insurance Company. The trial court sustained State Farm’s motion for summary judgment, holding that it did not insure James H. Short on the date of the accident, August 26, 1967. Plaintiff has appealed.

Appellant contends that the trial court erred in that the insurance policy itself discloses a serious factual dispute as to whether the policy was in force on August 26, 1967. Secondly, that the trial court relied…