Julien v. Spring Lake Park Agency, Inc.

Otis, Justice.

This is an action by a contractor against an insurance agency and an insurance company to recover for so-called builder’s risk insurance on an oral binder by the agency which was never communicated to the company. The trial court sitting without a jury awarded damages to the plaintiff and denied the company’s claim for indemnity against the agency.

The issues are (1) whether at the time of the oral binder the agency designated a specific company to write the insurance; and (2) whether the agency’s failure to advise the company of its exposure rendered it liable to the company for…