Fleetwood Motors, Inc. v. John F. James & Sons, Inc.

Plaintiff, a used car dealer, sues defendants, insurance brokers, to recover the value of two Cadillac cars which were stolen from plaintiff’s car lot. Plaintiff alleges that the defendants were carelessly negligent in failing to have plaintiff’s cars covered by theft insurance. The case was tried before the court without a jury.

It is conceded that plaintiff ordered theft insurance and that defendants agreed to endeavor to place it on plaintiff’s behalf. Defendants deny liability on two grounds: (1) that they attempted to place the insurance, met with no success and, on October 14, 1959,…