Cicconi Auto Body v. Nationwide Insurance

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Nationwide Insurance Company, appeals from the judgment entered on December 7, 2005, in favor of Plaintiff/Appellee, Cicconi Auto Body. 1 We vacate the judgment and remand.

¶ 2 The factual and procedural history is somewhat complex. On January 2, 2002, an automobile accident occurred between Mr. Christian Yacono and an insured of Nationwide. Yacono was driving a 1993 Subaru Justy. Yacono took his vehicle to Cicconi and left it there, at his own discretion.

¶ 3 On January 9, 2002, Nationwide informed Yacono that he should move his vehicle to a location…