BEAVERS INSURANCE AGENCY, INC. v. Roland

Stolz, Judge.

The record in this case reveals issues of fact which should be determined by a jury. Consequently, the trial judge did not err in denying the appellant’s motion for summary judgment.

This case is materially different from Sutker v. Penn. Ins. Co., 115 Ga. App. 648 (155 SE2d 694). In Sutker, the complaint alleged that the named individual agent was "the duly authorized agent, employee, and servant of the insurance company acting in the prosecution of the company’s business and within the scope of his authority.” P. 649. The holding in Sutker is that "it appears settled that there…