Fresh Supermarket Foods, Inc. v. Allstate Insurance Co.

KELLY, Judge.

Fresh Supermarket Foods, Inc., appeals from a final summary judgment entered in favor of Allstate Insurance Company in an action for breach of an insurance contract. Fresh Supermarket argues that the trial court erred in granting summary judgment for Allstate because there was a genuine issue of material fact regarding whether Allstate’s agent had knowledge of facts that Allstate claims Fresh Supermarket failed to disclose on its application for insurance. We agree and reverse.

Fresh Supermarket sued Allstate for breach of an insurance contract after Allstate denied coverage for a…