Clark-Peterson Co. v. Independent Insurance Associates, Ltd.

HARRIS, Justice.

The question here is whether all of plaintiffs’ viable claims were subsumed in a prior recovery. Believing they were the trial court entered summary judgment in favor of defendant insurance company. We modify, affirm and remand.

The principal plaintiff, Clark-Peterson Co., purchased a multi-peril policy and a contractor’s umbrella liability policy from defendant Cincinnati Insurance Co. (Cincinnati) through its agent defendant Dick Wissink and Independent Insurance Associates (for simplicity we hereinafter refer to Wissink and his agency in the singular as Wissink). The…