Precision Castparts Corp. v. Johnson & Higgins of Oregon, Inc.

Plaintiff brought suit against its insurance agent, Johnson & Higgins ("defendant”) and the insurance underwriter who provided coverage, Argonaut Insurance Company, 1 seeking to recover for damages it suffered because its 1971-1974 Workmen’s Compensation insurance policy did not contain provisions consistent with what it alleges it was led to expect by its insurance agent. The complaint alleges a cause of action in two counts, one for negligence and one for breach of contract. The trial court struck the negligence count and allowed the case to go to the jury on the contract theory only. A…