Cash v. Preferred Risk Insurance

Smith, Judge.

This appeal arises from the trial court’s grant of partial summary judgment to defendant/appellee dismissing appellant’s claim insofar as it is based on fraud and gross negligence. We affirm.

The pertinent portions of appellants’ complaint set forth the following allegations: that appellants’ automobile was damaged as the result of a collision with appellee’s insured; that appellee admitted its insured was at fault; that appellee promised to mail and did in fact mail a draft to appellants in payment for their damages; that in reliance on appellee’s statement that the draft had…