Pasley v. American Surety Co. of N. Y.

CRAMER, Justice.

This is an appeal from the entry of a summary judgment in favor of appellee as insurance carrier, and against appellant Pasley, upon the answers to demands for admissions by each party under Rule 169, T.R.C.P. The facts thus established are as follows:

Pasley had a policy of automobile upset and collision insurance with the appellee as insurer and, while such policy was in full force and effect, had an automobile collision with Dr. J. M. Travis. On March 2, 1949 Pasley presented proof of loss to the insurer who thereafter paid Pasley $330 (the total claim made being for $380,…