Allen v. BURNET REALTY, LLC

OPINION

LAWRENCE T. COLLINS, Judge. *

In this appeal from summary judgment on appellant Timothy B. Allen’s (Allen) claim that respondent Burnet Realty, LLC, d/b/a/ Coldwell Banker Burnet (Bur-net), unlawfully engaged in the business of insurance, Allen argues that the district court erred by concluding that Burnet’s indemnification plan offered to its sales associates was not insurance.

Because the indemnification plan is related to the principal object and purpose of the parties’ relationship, the selling of real estate, and Burnet retains responsibility for and exercises control over the risk…