Martin Engineering Co., Inc. v. Opton

This is a negligence action brought by plaintiff to recover from an insurance agent and his company the amount paid by plaintiff to settle a claim. The claim resulted from an erroneous land survey by the plaintiff. Plaintiff contended that its lack of insurance coverage for the survey error was due to defendants’ negligence in procuring insurance for it. The jury returned a verdict in favor of plaintiff. Defendants appeal, claiming that one of the specifications of negligence submitted to the jury was not supported by any evidence.

Plaintiff is a corporation specializing in land surveying and…