E.A. Prince & Son, Inc. v. Selective Insurance

ORDER

HERLONG, District Judge.

This matter is before the court on the motion for summary judgment filed by the defendant, Selective Insurance Company of the Southeast (“Selective”). Selective seeks summary judgment on three grounds: (1) that the actions of Tom W. Taylor, Jr. (“Taylor”) were outside the scope of his agency, or were committed after his agency terminated; (2) res judicata; and (3) election of remedies.

This case arises from the dealings of the plaintiff, E.A. Prince & Son, Inc. (“E.A. Prince”), with Taylor, a former agent for Selective. E.A. Prince paid to Taylor Twelve Thousand,…