Martini v. Beaverton Insurance Agency, Inc.

In this action for negligent failure to procure insurance, the principal issue on review is whether the trial court erred in striking from defendant’s amended answer a specification of comparative fault alleging that plaintiff failed to read the insurance policy after obtaining it from defendant and in instructing the jury that it should not consider whether plaintiff had read his policy. The Court of Appeals held that the trial court did not err and affirmed. Martini v. Beaverton Ins. Agency, Inc., 103 Or App 587, 798 P2d 704 (1990). We reverse.

Plaintiff owned and managed a business that…