Fisher Dezevallos v. Terry Burns Insurance Agency, LLC

Syllabus

Appellee brought a claim against Appellant insurance agency for \unlawfully and fraudulently\ withdrawing funds from Appellee's bank account and accepting premium payments on two insurance policies after Appellee allegedly cancelled his policies. Although not asserted as a claim in its general sessions summons, the circuit court, on appeal, awarded Appellee a judgment for unjust enrichment in the amount of $397.00. Because the preponderance of the evidence does not support the judgment, we reverse and remand.