finding the plaintiffs could not establish the justifiable reliance element of their negligent misrepresentation claim, as they only had to look at the "documentation evidencing the insurance coverage * * * to ascertain the amount of coverage provided for" under their policy
How later courts described this case
- finding the plaintiffs could not establish the justifiable reliance element of their negligent misrepresentation claim, as they only had to look at the "documentation evidencing the insurance coverage * * * to ascertain the amount of coverage provided for" under their policy
- appellant’s reliance on insurance agent’s misrepresentation as to amount of insurance coverage was not justified when the amount of coverage was stated in clear and unambiguous terms in the insurance policy, to which appellant had access
Written by the judges who cited it.
The opinion
Koehler, Judge,
dissenting.
Upon inquiry from Emerson A. North Hospital as to coverage for Jo Ann Brown, Nikias indicated that Brown’s insurance plan provided coverage. Limitations upon such coverage were not indicated. The hospital relied upon such information and extended services. Was the hospital justified in relying upon such information? If so, was Jo Ann Brown able to rely as well upon such information?
The trial court, in granting summary judgment to Nikias, and the majority herein, would make a factual finding that this sick person seeking medical
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assistance should have gotten the holder of the policy to allow her to read it to discover the limitation on her coverage.
I do not believe the cause can or should be decided on a motion for summary judgment. Accordingly, I dissent.