 |
Boyer v. Wells
Boyer v. Wells
The Backstory
Judgement
Jones v. Grewe
| "Ordinarily, an insurance agent assumes only those dutiesnormally found in any agency relationship. This includes theobligation to use reasonable care, diligence, and judgment inprocuring the insurance requested by an insured. The mere existenceof such a relationship imposes no duty on the agent to advise theinsured on specific insurance matters. An agent may point out to [the insured] the advantages ofadditional coverage and may ferret out additional facts from theinsured applicable to such coverage, but he is under no obligationto do so; nor is the insured under an obligation to respond." |
| "[A]t least 45 days prior to policy expiration, an insurershall deliver to the named insured or mail to the named insured atthe address shown in the policy, either of the following: 1) An offer of renewal of the policy contingent upon payment ofpremium as stated in the offer..." Upon an insured's nonpayment ofpremium, however, the insurer may mail a notice of cancellation ofthe policy no less than 10 days prior to the effective date of thecancellation. (Ins. Code, ?? 676, 677.2, subd. [c].) Any notice ofcancellation must be mailed to the named insured at the addressshown in the policy. (Ins. Code, ? 677, subd. [a].)" |
Kotlar v. Hartford Fire Ins. Co.
Brownev. Turner Construction Co.Fitzpatrick v. Hayes
| "[A]ssuming any duty was owed plaintiff, plaintiff cannotestablish he has or will sustain any damages as a result of thelimits which were procured for the policy. Plaintiff estimated therepair cost for the property was $337,365.22, while the amount ofavailable coverage was $352,000. Plaintiff did not present anestimate or any specific evidence demonstrating the cost of repairwould be greater than those amounts." |
Barry Zalma, Esq., CFE, is a California attorney specializingin expert witness testimony and consulting with plaintiffs anddefendants on insurance coverage and claims handling. He foundedZalma Insurance Consultants in 2001 and serves as its seniorconsultant. Zalma also publishes the free Zalma's Insurance FraudLetter every two weeks atwww.zalma.com. He can bereached at[email protected].
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