Empire Fire and Marine Insurance Company v. Charlene Frierson and Roderick Frierson

BROWN, Judge.

[1] Empire Fire and Marine Insurance Company (“Empire”) appeals from the trial court’s order denying its motion for summary judgment in favor of Charlene Frierson and Roderick Frierson (collectively, the “Friersons”) and the denial of its motion to correct error. Empire raises three issues, one of which we find disposi-tive and which we revise and restate as whether the court erred in denying Empire’s motion for summary judgment. We reverse.

Facts and Procedural History ,

[2] On April 25, 2011 Charlene Frier-son was involved in an automobile accident with Ashley Talsma. At the…