Landmark American Insurance Co. v. Pulse Ambulance Service, Inc.

The issue presented here is whether appeal to the court of appeals was timely perfected. We hold, contrary to that court’s decision, that it was.

Pulse Ambulance Service, Inc. sued its insurer, Landmark American Insurance Co., for failing to defend it in a personal injury action. On December 6, 1989, the trial court granted partial summary judgment for Pulse on its contract claim and severed that judgment from the remaining claims in the case. Thirty days later Landmark timely filed a “motion for new trial, or in the alternative, for remittitur”, pointing out that the damages awarded Pulse…