Hein v. State Farm Mutual Automobile Insurance

Two issues are raised by this appeal:

First, did the trial court err in granting the insurer’s motion for summary judgment?

*706Second, if not, did the trial court err in allowing the taxation of attorney’s fees in favor of the insurer?

Summary Judgment.

State Farm is not entitled to summary judgment unless the facts presented conclusively show that the plaintiff’s action has no merit and cannot be maintained as to it.1 Summary judgment should not be granted where there are substantial issues of fact to be determined, when the evidence on a material issue is in conflict, or when there are permissible…