A question of law is for a judge to decide. When a judge reviews your insurance contract, if you and the insurance company do not disagree on the facts surrounding the claim, the judge can decide who wins . This is a matter of the judge making a A decision of law. If however, the facts surrounding your claim are disputed, a jury must determine who is correct. For example, if a witness recalls the car causing the injury by running a traffic light to be green, yet another witness recalls the color to be blue, a jury must decide which witness was correct.
Many judges prefer to rule on summary judgment motions as opposed to letting juries make decisions.
It is not uncommon for judges to stretch the limits of their powers in order to make summary judgment decisions. When you sue an insurance company, more often than not, you will end up in federal court. The federal courts are bound to follow the insurance law of the state in which the contract is to be enforced. The federal judge will look to the supreme court of that state and analyze its decisions. The federal court is generally bound by those decisions.