Caddy v. Smith

Plaintiffs appeal a summary judgment granted in favor of defendant on their claim that defendant negligently failed to procure a policy of insurance for them. We reverse and remand.

We view the facts from the record on summary judgment in the light most favorable to plaintiffs, the non-moving parties. Gaston v. Parsons, 318 Or 247, 251, 864 P2d 1319 (1994).

Plaintiffs were building their own home. Defendant is an insurance agent. Plaintiff Lance Caddy spoke to an employee of defendant’s about obtaining insurance coverage for potential liability related to the construction of the house.…