Carlson v. Midwest Prof'l Planners, No. 15-2562 (8th Cir. 2016)
Annotate this CasePlaintiffs filed suit against Midwest, alleging that an insurance agent carelessly and negligently failed to designate plaintiffs as owners of the insurance policy at issue. The district court concluded that the complaint failed to state a viable claim and dismissed the case. The court concluded that, under the policy, control over the policy during the lifetime of the insured - including the power to name a new owner - belonged solely to the insured in this case. Therefore, Midwest cannot be liable for negligence for failing to do something it had no power to do. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Murphy and Shepherd, Circuit Judges] Civil case - Negligence. In action alleging insurance agent negligently failed to list plaintiffs as co-owners of the life insurance policy, the district court did not err in dismissing the matter as the agent had no authority to force the insured to change to terms of the policy after it was issued.
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