Gaines ex rel. Walton v. Allstate Ins.

By Judge T. J. Marrow

This matter is before the court on the demurrer to the motion for judgment to which oyer was granted requiring the filing of the insurance contract referred to in the motion for judgment and memoranda were filed and argument was heard.

Plaintiff has obtained judgment for $15,700,000.00 against defendant’s insured. The policy limit for liability coverage was not sufficient to cover the loss. Plaintiff claims that the supplemental payments or “first aid” clause provides for unlimited coverage which would pay all or a part of this claim. The clause plaintiff sues on states:

Sup…