Damon's Missouri, Inc. v. Davis

The ultimate issue before the court concerns the vicarious liability of an insurer for the errors in judgment of its independent insurance agents. Specifically, we must determine whether at the time Davis was interpreting the Damon’s Missouri location lease, as not to require insurance coverage on the building occupied by Damon’s, Davis was acting as Fireman’s Fund’s insurance agent. For the reasons that follow, we answer such query in the negative.

In determining whether Davis’s misreading of the lease is properly chargeable to Fireman’s Fund, the appellate court considered both the express *608wr…