Sample v. Kinser Insurance Agency, Inc.

OPINION

RUCKER, Judge.

Cindy Sample (“Sample”) filed a two count complaint against James C. Kinser and the Kinser Insurance Agency (referred to collectively as “Kinser Insurance”) alleging breach of contract and fraud. As to both counts Kinser Insurance countered with a motion for summary judgment which the trial court granted. Sample now appeals contending the trial court erred in so doing. We affirm in part and reverse in part.

Kinser Insurance does business in Monroe County and among other things is authorized to write insurance policies for the Erie Insurance Company (“Erie”). In fact Erie…