Theisen v. Milwaukee Automobile Mutual Insurance

The following memorandum was filed February 5, 1963:

Per Curiam

(on motion for rehearing). Included in the judgment for $3,192.93 appealed from is a $500 item due under the “medical pay” provisions of the policy, with respect to which the trial court directed a verdict. Regardless of the outcome of the new trial ordered on the negligence issues on the causes of action grounded on tort, the final judgment to be rendered herein shall provide for the recovery by plaintiff father of this $500 together with proper interest thereon unless in the meantime defendant shall have paid the same. *108aInasmuch as the cause of action for recovery under the “medical pay” provisions of the policy is grounded on contract, the interest on the $500 accrued from the date plaintiff father submitted to defendant proper proof of his having paid medical and hospital bills for Sharon resulting from the accident in a total amount of at least $500, and a demand for-payment thereof.

As our original mandate stands defendant was entitled to tax costs. As we believe this matter relating to the $500 item in the judgment could have been disposed of by stipulation of counsel without resort to a motion for rehearing, we make no change in the mandate with respect to costs.

The motion for rehearing is denied without costs.