Durham v. Cox

JOHNSON, Judge.

Plaintiffs’ appeal presents two questions for review, whether the trial court erred in granting summary judgment in favor of defendants Nationwide and Cox with respect to plaintiffs’ breach of contract claim and in granting summary judgment in favor of Nationwide on plaintiffs’ alternative claim of negligent failure to procure insurance coverage. We find error and reverse.

The evidentiary showing on the summary judgment motion is as follows: At all times pertinent to plaintiffs’ claims, the defendant Nationwide and the defendant Cox were parties to a written agreement entitled,…