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WESTERN CAS. & SUR. CO. v. BOWLING

No. 76-462.

565 P.2d 970 (1977)

WESTERN CASUALTY AND SURETY COMPANY, Plaintiff-Appellant, v. Roy BOWLING, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

May 26, 1977.

Attorney(s) appearing for the Case

Duane O. Littell, Richard L. Everstine, Denver, for plaintiff-appellant.

Frickey, Cairns & Wylder, P. C., Earl S. Wylder, Denver, for defendant-appellee.

BERMAN, Judge.

Western Casualty and Surety Company (Western), appeals from the granting of a motion for summary judgment in favor of Roy Bowling. We reverse and remand for further proceedings.

The facts in this case are not in dispute. Bowling was in an automobile collision and was injured and incurred medical expenses. At the time of the accident, he had a policy issued by Western, which provided medical payment coverage up to $1,000. Bowling

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