Millers National Insurance v. Taylor Freeman Insurance Agency

OPINION

HOWARD, Judge.

This is an action for breach of contract and declaratory judgment relief involving the contractual liability of a general insurance agent and its subagent to the insurer for failure to give written notice of the availability of underinsurance motorist coverage to an insured.

I. FACTS

In 1983 and 1984 Millers National Insurance Company (Millers) was an Illinois Corporation licensed to do business in Arizona. It entered into a general agency agreement with Homeowners Insurance Agency (Homeowners) which contained, inter alia, the following provisions:

I. AUTHORITY OF GENERAL…