HOTEL PROPERTIES, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLANT,
v.
SAVAGE-MANFRE AND ASSOCIATES, INC., AND FLORIDA ALL RISK, INC., APPELLEES
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Court reversed summary judgment for insurance agents, holding that genuine issues of material fact exist regarding agents' liability for failing to procure rental income loss coverage, requiring trial on breach of contract and professional negligence theories.
An insurance agent may be liable for breach of contract or professional negligence when it fails to procure insurance coverage that the insured requested or reasonably needed.
[1] An insurance agent or broker may be held liable for breach of contract or professional negligence based on failure to procure adequate insurance coverage requested by or…
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Join FLexlaw to unlock all legal intelligenceHotel Properties owned a hotel with a separately leased restaurant and bar on its premises. When the restaurant and bar were destroyed, Hotel Properti…
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PER CURIAM.
After this court held in Hotel Properties, Ltd. v. Heritage Insurance Co., 456 So. 2d 1249 (Fla. 3d DCA 1984), pet. for review denied, 464 So. 2d 555 (Fla.1985), that its insurance policies did not cover the loss of rental income sustained as a result of the destruction of a leased, separately owned restaurant and bar on its hotel premises, Hotel Properties, Ltd. brought the instant action against its general insurance agents based on their failure to procure a policy which would have provided that coverage.
We reverse the summary judgment entered below for the agents because the record raises genuine issues as to liability on theories both of breach of contract and of professional negligence. See Seascape of Hickory Point Condominium Association v. Associated Insurance Services, 443 So. 2d 488 (Fla. 2d DCA 1984); deMarlor v. Foley Carter Insurance Co., 386 So. 2d 22 (Fla. 2d DCA 1980); Caplan v. La Chance, 219 So. 2d 89 (Fla. 3d DCA 1969); Duncanson v. Service First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963); Annot., Liability of Insurance Agent or Broker on Ground of Inadequacy of Liability Insurance Coverage Procured, 72 A.L.R.3d 704 (1976). Since we similarly do not agree that the appellant is entitled to summary judgment in its favor, the cause is remanded for trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pierce v. Aall Ins. Inc., 513 So. 2d 160 (Fla. 5th DCA 1987)…experience. Finally, even if giving erroneous advice to an insurance client about the availability of a type of insurance coverage constitutes professional malpractice in a proper case, see Hotel Properties Ltd. v. Savage-Manfre & Associates, Inc., 493 So. 2d 544 (Fla. 3rd DCA 1986), I do not think the default alleged in the Pierces’ complaint in this case falls into that category. Pierce alleged that AALL failed to inform him of the various options available for uninsured or underinsured motorist coverage.…
Authorities Cited
- Duncanson v. Serv. First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963)
- Dude Emshwiller v. State, 443 So. 2d 488 (Fla. 2d DCA 1984)
- Calvin deMARLOR v. Foley Carter Ins. Co., 386 So. 2d 22 (Fla. 2d DCA 1980)
- Caplan v. Logan S. LA Chance & Chicago Ins. Co., 219 So. 2d 89 (Fla. 3d DCA 1969)
- Hotel Props., Ltd. v. Heritage Ins. Co. OF Am., 456 So. 2d 1249 (Fla. 3d DCA 1984)