Citizens Bank & Trust Co. v. Saunders, Stuckey & Mullis, Inc.

Smith, Judge.

Citizens Bank & Trust Company (Citizens) brought suit against Saunders, Stuckey and Mullís, Inc. (SSM), an independent insurance agency, and Horace Mullís, SSM’s president and employee agent, seeking damages for Mullis’s alleged negligence, breach of fiduciary duty, and fraud in representing to Citizens that certain insurance coverage had been procured when, in fact, it had not. After denying SSM’s first two motions for summary judgment, the trial court granted SSM’s and Mullis’s third such motion on the ground that Citizens had previously obtained a full satisfaction of the same…