Mitchell v. Southern Guar. Ins. Co.

Appeal by Harry Mitchell, plaintiff, from a summary judgment in favor of Southern Guaranty Insurance Company (Southern Guaranty) and others, defendants, in plaintiff's action based upon fraud. We reverse and remand.

Plaintiff Mitchell had obtained an insurance policy containing collision coverage from Southern Guaranty on a 1983 Chevrolet pickup truck. On August 22, 1984, this truck was involved in a collision with another vehicle. We quote from Mitchell's deposition concerning his subsequent contact with Southern Guaranty's agent, Randy McDonald:

"Q. What, if anything, did you do with respect…