Holtz v. Mutual Service Casualty Co.

Otis, Justice.

Plaintiff appeals from a judgment of the district court entered pursuant to an order denying his motion and granting defendant’s motion for summary judgment. The only issue is whether plaintiff’s claim for the medical expenses incurred by his wife as a result of an automobile accident exceeds the limits of liability assumed by defendant under the terms of the insured driver’s policy.

The parties have stipulated to the facts. Mrs. Holtz was awarded a verdict of $50,000, of which $1,600 represents property damage to her automobile, resulting from a collision with the insured, one…