Gambrell v. Campbellsport Mutual Insurance

Summary judgment may be granted only when there is no factual dispute which requires reso lution by court or jury. The initial contention of the appellant is that a factual dispute exists. The company claims that there is an issue of fact to be tried as to the amount of loss, because nowhere in the record does there appear any information in respect to the equalized value of the property destroyed or the percentage to which the property was destroyed beyond the “bald" assertion of the building inspector’s report that the damage exceeded 50 percent. We deem this a belated and untimely attack…