Reserve Insurance Co. v. Day

PIERCE, Judge.

Plaintiff below, an insurance agent, sued the defendant below, an insurance company, for breach of contract and received a summary judgment for $4,843.33, from which judgment the insurance company appeals.

The contract between the parties provided for the defendant to pay over to the plaintiff, writing defendant’s insurance, as commissions earned, all of the premiums less 15% thereof and any claims and claim expenses paid, during the period, out of the premiums held by the defendant. Subsequently, it was amended so that for an additional 9% of the insurance premiums collected as…