Jason Simms v. Insurance Company of North America

The issue in this case is whether the trial court correctly granted the Defendant Insurance Company of North America ("ICNA") summary judgment based on its finding that the claimant, Jason Simms, failed to follow the loss provisions of the insurance policy and that ICNA's agent did not possess authority to waive the loss provisions. We hold there exists a genuine issue of material fact regarding the apparent authority of ICNA's agent, and therefore vacate the summary judgment and remand for trial.