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AMERICAN INS. CO. v. SMITH

No. 82-132.

472 A.2d 872 (1984)

AMERICAN INSURANCE COMPANY, Appellant, v. Robert Jonnis SMITH, Individually and t/a Bob Smith Electronic Tune-Up Center, Appellee.

District of Columbia Court of Appeals.

Decided February 13, 1984.

Attorney(s) appearing for the Case

Steven E. Mirsky, Rockville, Md., for appellant. Robert J. Burstein, Washington, D.C., was on the brief for appellant.

Gerald W. Heller, Washington, D.C., for appellee.

Before KERN, BELSON and TERRY, Associate Judges.

TERRY, Associate Judge:

Appellant sued appellee for $2,492 in unpaid premiums under an insurance contract. Appellee filed a motion to dismiss for failure to state a claim under Super.Ct.Civ.R. 12(b)(6), asserting that the money was owed by a corporation of which he was merely the agent, not by appellee himself. The trial court granted the motion; we reverse.

I

Appellant's verified complaint named appellee "individually and t/a [trading as] Bob Smith...

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