Legal Opinion

Johnson v. GEORGE TENUTA & COMPANY

Court of Appeals of North Carolina

Decided January 12, 1972No. 715SC587PublishedCited by 8 opinions

1Opinion of the Court

PARKER, Judge.

“It is very generally held that where an insurance agent or broker undertakes to procure a policy of insurance for another, affording protection against a designated risk, the law imposes upon him the duty, in the exercise of reasonable care, to perform the duty he has assumed and within the amount of the proposed policy he may be held liable for the loss properly attributed to his negligent default.” Elam v. Realty Co., 182 N.C. 599, 602, 109 S.E. 632, 633. Accord: Wiles v. Mullinax, 267 N.C. 392, 148 S.E. 2d 229. “To enforce such liability the plaintiff, at his election, may…

2Cases cited5 opinions

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Elam v. Smithdeal Realty & InsuranceSupreme Court of North Carolina · 1921
  3. Elam v. . Realty Co.Supreme Court of North Carolina · 1921
  4. Wiles v. MullinaxSupreme Court of North Carolina · 1966
  5. Bank of French Broad, Inc. v. BryanSupreme Court of North Carolina · 1954

3Cited by8 opinions

  1. Pinney v. State Farm Mutual InsuranceCourt of Appeals of North Carolina · 2001
  2. Polski v. PowersNebraska Supreme Court · 1985
  3. Phillips Ex Rel. Phillips v. State Farm Mutual Automobile InsuranceCourt of Appeals of North Carolina · 1998
  4. Bradley Freight Lines, Inc. v. Pope, Flynn & Co.Court of Appeals of North Carolina · 1979
  5. Ghiz v. Richard S. Bradford, Inc.Supreme Judicial Court of Maine · 1990

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