Essential to appellant's case was proof that defendant Cherney was the respondent insurance company's agent and not merely a broker. The only moving affidavits submitted upon that issue were those of respondent's attorney, who had no knowledge of the facts, and of respondent's area agent, who countersigned the policy and whose affidavit does no more than detail the steps taken in connection with the writing of this particular policy, and does not in any way touch the factual...
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