Mathews v. Glacier General Assurance Co.

When this cause is returned for further proceedings, the District Court will have no alternative but to render judgment again in favor of the plaintiff in the amount of the appraisers’ award. There are no further factual issues to determine, and the case presents only legal questions, which the lower court correctly decided, and to which we should agreee.

Whether we regard the judgment as one based on a motion for judgment on the pleadings, or as a summary judgment, the result is the same.

With respect to the pleadings, the plaintiff’s complaint alleges the issuance of an insurance policy by…