Combs v. Adair Mortgage Co.

Sognier, Judge.

This is an appeal from a grant of summary judgment in favor of the defendant-lender, Adair, and against the plaintiff-borrower and homeowner, Mrs. Combs, who sued for damages based upon Adair’s alleged negligence in failing to effect a transfer to her of the prior homeowner’s fire insurance on her assumption of the mortgage loan. After the fire loss the insurance company (not a party) denied that it provided insurance coverage and the instant suit was filed against Adair on the theory that it had undertaken the duty as her agent to keep her interests insured. See, e. g., cases…