Farmers Ins. Co., Inc. v. McCarthy

CRAHAN, Judge.

This is an appeal from an order dismissing a third party petition for damages filed by defendant/third party plaintiff, Mary McCarthy (“McCarthy”), against third party defendants American Family Mutual Insurance Company (“American Family”) and James Smith (“Smith”) alleging breach of fiduciary duty and negligence based on Defendants’ failure to advise her of the availability of underinsured motorist coverage which would have provided her a source of additional recovery for injuries she sustained in an automobile accident. The trial court dismissed the third party petition for…