Duncan v. Auto-Owners Insurance Co.

MADDOX, Justice.

This case concerns the construction of an indemnity agreement. The issue is whether the trial court erred by entering a summary judgment for the plaintiff, Auto-Owners Insurance Company, based on a holding that “[t]he evidence of prior condition precedent alleged by the defendant is inadmissible parol evidence.” Because we conclude that the defendant should have been allowed to submit parol evidence of the alleged condition precedent, we must reverse the judgment of the trial court and remand the cause for further proceedings consistent with this opinion.1

In August 1981,…