Affirming trial court's grant of summary judgment pursuant to claim of negligent advice and procurement of insurance

Monday, October 6, 2008 by Bose Archives

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Jerry and Becky French (the "Frenches") appeal from the trial court’s order granting summary judgment in favor of Jane Hodson on the Frenches’ claim of negligent advice and procurement of insurance. The Frenches raise three issues for our review, which we restate as whether the trial court erred in granting summary judgment in favor of Hodson.


Conclusion (slip op. at 16):  We express no opinion on the ultimate resolution of the Frenches’ claims against State Farm for breach of contract. Rather, we hold only that the trial court did not err in granting summary judgment to Hodson. Affirmed.


Key Analysis
(slip op. at 16):  There are a number of reasons to question whether Hodson took the steps necessary to satisfy her duty to exercise reasonable skill, care, and diligence in the procurement of the Policy for the Frenches. But regardless of the alleged negligence, it cannot be said that such negligence was the proximate cause of an injury to the Frenches. And the Frenches did not rely on Hodson when they decided to proceed with construction of the stick-built home.

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