Federal Kemper Insurance v. Brown

DISSENTING OPINION

SULLIVAN, Judge.

There are clear-cut genuine issues of material fact in this ease. More particularly, whether Brown told Jill Long, the insurance agent who filled out the application, that Brown’s step-son, Jackie Galloway, was a resident in his household and would be the primary driver of the Chevrolet Cavalier, whether Galloway had some past speeding tickets, and whether Long told Brown that it would cost $1000 per year to insure Galloway, are subjects of direct and unmistakable dispute. According to Long’s deposition and another taped statement she denied any such…