Integon Preferred Insurance Co v. Francesca Eisenbrandt

MEMORANDUM

Francesca, Connie, and Scott Eisen-brandt (collectively “the Eisenbrandts”), Defendant-Intervenors, appeal the district court’s grant of summary judgment in favor of Plaintiff Integon Preferred Insurance Company (“Integon”). We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and reverse in part.

We reverse the district court’s grant of summary judgment regarding Jeff Man-gelli’s status as Integon’s agent and whether Susana Isztojka made material misrepresentations because material issues of fact remain. See Fed. R.Civ. P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).

A reasonable jury could find that Jeff Mangelli acted as both Integon’s agent and Susana Isztojka’s broker because (1) Integon twice referred to Mangelli as its agent in the complaint, indicating that In-tegon at one point believed Mangelli acted as its agent in the transaction; and (2) according to Susana Isztojka’s declaration, Mangelli filled out and submitted her application to Integon, conducted a background check on Ian Isztojka and authorized him as an additional driver, and computed an increased premium which Integon accepted…