Hart v. Marriott International, Inc.

Because there is not a scintilla of fraud, misrepresentation or deception in this case and because the majority creates a duty recognized nowhere else in the law, we respectfully dissent. The majority contends that when Zurich-American Insurance Company received a “courtesy copy” of the complaint naming the wrong defendant (the franchisor, i.e., Marriott International, Inc., not the franchisee-owner, i.e., Interstate Hotels Corporation), it had an affirmative duty to advise plaintiffs attorneys that they had sued the wrong party. 1 No insurance company has a duty to aid its insured’s…