Grewell v. State Farm Mutual Automobile Insurance Co.

LISA WHITE HARDWICK, Judge.

Charles and Linda Grewell appeal from a summary judgment, which denied their claims for attorney’s fees and punitive damages against State Farm Mutual Automobile Insurance Company in this action for declaratory judgment and breach of fiduciary duty. Because we find there were genuine issues of material fact on both claims, we reverse and remand.

Factual and PROCEDURAL History

Linda Grewell and James Kephart were involved in a motor vehicle collision on May 1, 2000. Both were insured by State Farm. The insurer assigned Neressa Wilkins as claims specialist for Mrs.…