Mixson, Inc. v. American Loyalty Insurance

Mixson, Inc. (“Mixson”) filed this suit against American Loyalty Company and Old Dominion Insurance Company (collectively “American”) 1 for breach of a commercial insurance contract, bad faith refusal to pay an insurance claim, and statutory attorneys’ fees. The circuit court granted partial summary judgment to Mixson on its breach of contract claim, but granted summary judgment to American on the remaining claims, concluding there was no evidence of bad faith. Mixson appeals from the partial summary judgment awarded to American. We reverse and remand.

FACTS

Mixson operates convenience stores…