MORGAN INTERNATIONAL REALTY, INC. AND GIOCONDA WEBB MORGAN, APPELLANTS,
v.
DADE UNDERWRITERS INSURANCE AGENCY, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Morgan International Realty and its president sued their insurance agent for negligently failing to procure malicious prosecution insurance coverage. The trial court granted summary judgment for the insurance agent, but the appellate court reversed, finding genuine issues of material fact precluded summary judgment.
Genuine issues of material fact exist that preclude summary judgment for the insurance agent. To establish liability for negligent failure to procure insurance coverage, the plaintiff must prove by a preponderance of evidence that such coverage was generally available in the insurance industry when the agent obtained coverage for the plaintiff.
[1] Summary judgment is precluded when genuine issues of material fact exist regarding an insurance agent's duty to procure specific coverage.
[2] To establish an insurance agent's negligence in failing to procure coverage, a plaintiff must demonstrate that such coverage was generally available in the insurance indu…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“to prove insurance agent negligently failed to procure a certain type of coverage, plaintiff must show by a preponderance of evidence, as an aspect of causation and damages, that such coverage was generally available in the insurance industry when agent obtained coverage for plaintiff; agent may defend by showing such insurance was not generally available, or would not have been available to plaintiff”
Establishes the legal standard for proving negligent failure to procure insurance coverage, which requires proof that the coverage was generally available in the industry
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants Morgan International Realty, Inc. and Gioconda Webb Morgan were defendants in a malicious prosecution action. They had no insurance coverag…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Negligent Failure To Procure Insurance cases and more on FLexlaw
PER CURIAM.
Appellants Morgan International Realty, Inc. and Gioconda Webb Morgan, its President, appeal the entry of summary final judgment in favor of appellee in appellants’ action for damages sustained by them in defending and paying a judgment in a malicious prosecution action which was brought against them and for which they had no insurance coverage.
The action brought by appellants against appellee, their insurance agent, alleged, inter alia, that appellee owed a duty to appellants to procure malicious prosecution coverage, and negligently failed to perform, or breached a contract to perform that duty.
After the pleadings were settled and the trial had commenced, the court heard further argument on appellee’s motion for summary judgment which had been previously considered and denied, without prejudice. The court concluded that appellee had no duty to defend or indemnify appellants against the malicious prosecution action, finding such coverage was expressly excluded in a policy relied upon by appellants. Summary final judgment was subsequently entered in favor of appellee and this appeal followed.
Having carefully considered the briefs and arguments of counsel and the record on appeal, we hold that there exist genuine issues of material fact which preclude the entry of summary judgment for appellee. The record reveals questions of fact which must be resolved in order to establish a basis for the liability of appellee under the theory of the complaint set forth above, including whether the requested coverage was generally available in the insurance industry when appellee obtained coverage for appellants. See Bayly, Martin & Fay, Inc. v. Pete’s Satire, Inc., 739 P. 2d 239 (Colo.1987) (to prove insurance agent negligently failed to procure a certain type of coverage, plaintiff must show by a preponderance of evidence, as an aspect of causation and damages, that such coverage was generally available in the insurance industry when agent obtained coverage for plaintiff; agent may defend by showing such insurance was not generally available, or would not have been available to plaintiff).
Accordingly, the judgment under review is reversed and the cause remanded for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc., 617 So. 2d 455 (Fla. 3d DCA 1993)…surer’s liability existed, “including whether the requested coverage was generally available in the insurance industry when [the insurer] obtained coverage for [the [*457] insureds]”. Morgan Int’l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc., 524 So. 2d 451, 452 (Fla. 3d DCA1988). On remand, a jury verdict was returned in the insurer’s favor. This court reversed finding the trial court abused its discretion by refusing to answer a question regarding comparative negligence which was asked by the jury du…
-
Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc., 571 So. 2d 52 (Fla. 3d DCA 1990)….1973). Thus, we reverse the final judgment and remand for a new trial. Reversed and remanded. SCHWARTZ, C.J., concurs. . We reversed the trial court’s entry of summary judgment in Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc., 524 So. 2d 451 (Fla. 3d DCA 1986). . The jury also questioned whether the verdict had to be unanimous, and indicated to the clerk that it was fatigued.…
-
Armando Alvarez and Maria v. Alvarez, 705 So. 2d 127 (Fla. 3d DCA 1998)…PER CURIAM. Affirmed. See Morgan Int’l Realty Inc. v. Dade Underwriters Ins. Agency Inc., 524 So. 2d 451 (Fla. 3d DCA 1988); D.R. Mead & Co. v. Cheshire, Inc., 489 So. 2d 830 (Fla. 3d DCA 1986); Keller Indus. v. Bellefonte Ins. Co., 412 So. 2d 899 (Fla. 3d DCA 1982); Burns v. Consolidated American Ins. Co., 359 So. 2d 1203 (Fla. 3d DCA 1978).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence