Fogelmark v. Western Casualty & Surety Co.

PRESIDING JUSTICE EOVALDI

delivered the opinion of the court.

This is an action at law brought by plaintiff to recover funeral expenses, within a policy limitation of one thousand ($1,000) dollars, under the “Medical Payments” clause of an automobile insurance policy issued by the defendant to plaintiff’s testate. On motion of defendant, supported by affidavit, the circuit court of Peoria County entered a Summary Judgment for defendant from which this appeal is taken.

The pleadings upon which the cause was determined consisted of the complaint, with a copy of the insurance policy appended;…