Adkins v. Burdeshaw

SPECTOR, Judge.

Appellants were plaintiffs in an action they brought against their insurance agent alleging damages resulting from his failure to procure a fire insurance policy. Appellants’ house burned down and when the agent was first told about the loss he assured appellants that it would be taken care of, but later he advised appellants that coverage had not been obtained.

The jury found for the appellants and judgment was entered pursuant to the verdict for $4,000 on May 22, 1967. The defendant thereafter made a motion for a new trial which was granted by the lower court.

The question…