Krause v. Western Casualty & Surety Co.

It is the contention of the appellant Insurance Company on this appeal that the uncontroverted facts, which are set forth in the affidavits considered by the trial court in passing on the motion for summary judgment, established that the plaintiff was entitled to workmen’s compensation benefits for his injuries, and, therefore, the exclusion clause of Western’s policy was effective to bar any action on such policy by the plaintiff.

The order appealed from, which denied Western’s motion for summary judgment, grounded such denial upon the following two grounds:(1) That the affidavits in support…