|
1356 REVIEW DENIED A "value protection" clause in a property insurance policy created an ambiguity that could lead the reasonable insured to believe that s/he was covered in excess of the stated policy limit; an insurer may be vicariously liable for its agent's negligence in failing to obtain the coverage requested by an insured or to sufficiently inform the insured of the coverage that was obtained; an insurer owes its insured a fiduciary duty to act in the utmost good faith.
DESAI v FARMERS INS (Replacement Cost) 47 CA4 1011 [See: Free v Republic 8 CA4 1726. AT 11/92; Kurtz v Insurance Communicators 12 CA4 1249, T/AT 4/93]
|
|
|