I Square Management, LLC v. McGriff Insurance Services, Inc., No. 21-3256 (8th Cir. 2022)
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Plaintiffs filed a civil suit against an insurer based on allegations that the insurer negligently advised them that they did not need to purchase a builder's risk policy for a hotel project. The district court granted the insurer's motion for summary judgment, finding that the insurer had no duty to give advice about different coverages or to ensure that adequate coverage existed and that plaintiffs failed to show the existence of a special relationship between the agent and the insureds that would give rise to additional duties on the agent's part to ensure the insured had adequate coverage.
The Eighth Circuit affirmed, finding that the trial court did not err in its resolution of the motion for summary judgment.
Court Description: [Arnold, Author, with Loken and Kobes, Circuit Judges] Civil case. In this suit alleging plaintiffs' insurance agent had negligently advised them that they did not need to purchase a builder's risk policy for a hotel project, the district court did not err in granting the agent's motion for summary judgment on the ground that it had no duty to give advice about different coverages or to ensure that adequate coverage existed; plaintiffs failed to show the existence of a special relationship between the agent and the insureds that would give rise to additional duties on the agent's part to ensure the insured had adequate coverage.
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