Employers' Fire Insurance v. Lowman

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

ROBERT D. MORGAN, District Judge.

In this case the plaintiff, The Employers’ Fire Insurance Company, seeks to recover from the defendant, John Thomas Lowman, an authorized agent of plaintiff, a loss of some $81,000 which plaintiff has incurred through an automobile insurance policy it had issued to the insured, one Homer E. Richard. The theory is breach of fiduciary duty alleged to have caused such loss. Jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, and defendant Lowman has moved for summary judgment under Rule 56,…