HARDWARE DEALERS MUTUAL FIRE INS. CO. v. KRUEGER

No. 43059.

486 P.2d 737 (1971)

HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Plaintiff in Error, v. Ronald E. KRUEGER, Defendant in Error.

Supreme Court of Oklahoma.

June 29, 1971.


Attorney(s) appearing for the Case

Ben A. Goff, Oklahoma City, for plaintiff in error.

Foliart, Shepherd, Mills & Niemeyer by David W. Edmonds, Oklahoma City, for defendant in error.

Monnet, Hayes, Bullis, Grubb & Thompson by John T. Edwards, Oklahoma City, for amicus curiae Travelers Ins. Co. and American Ins. Assn.

Howard K. Berry, Jr., Oklahoma City, for amicus curiae Oklahoma Trial Lawyers Assn.


DAVISON, Vice Chief Justice.

Hardware Dealers Mutual Fire Insurance Company (plaintiff below) appeals from a judgment rendered in favor of Ronald E. Krueger (defendant below) when the trial court, based on the pleadings and stipulation of the parties, sustained defendant's motion for summary judgment.

The facts are that plaintiff issued an automobile liability insurance policy to one C.R. Horne providing for payment of reasonable medical expense incurred within...

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