Cumis Insurance Society, Inc. v. Massey

HORTON, Justice.

This appeal arises from a negligence action filed by CUMIS Insurance Society (CUMIS), the subrogee of Icon Federal Credit Union (Icon), against Wade Massey and his business, Capitol West Appraisals (Capitol). All parties moved for summary judgment. The district court granted Massey’s motion and dismissed CUMIS’s claims after deciding CUMIS failed to establish that Massey owed a duty of care to Icon. CUMIS timely appealed. We vacate the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2007, Steven and Valerie Hruza sought to obtain a loan from Clearwater Mortgage (Clearwater).…