Baggett v. Summerlin Insurance & Realty Inc.

I would affirm summary judgment in favor of defendants. All parties in this transaction were burdened with certain duties. Defendants had a duty to make an application for the insurance coverage specifically requested by plaintiffs. Plaintiffs had a duty to read their insurance policy. Viewing the evidence in the light most favorable to plaintiffs, defendants satisfied their duty, and plaintiffs did not.

I. Agent’s and Insurer’s Duty

“An insurance agent has a duty to procure additional insurance for a policyholder at the request of the policyholder.” Phillips v. State Farm Mut. Auto Ins. Co.,…