Costanzi v. Travelers Indemnity Co.

Robinson, J.,

This is an action in assumpsit to recover under medical payment clauses in a “Family Automobile Policy” issued by The Travelers Indemnity Company to plaintiff, John Costanzi. Plaintiffs are father and minor daughter, Elaine Costanzi, but the action presents only one claim. The amount, $550, is not in dispute.

The case was tried by the court without a jury and the facts stipulated. Both sides moved for binding instructions and the trial judge- entered a directed verdict for plaintiffs. A rule issued to show cause why judgment n. o. v. should not be entered for defendant.

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