holding that expert testimony was required to establish standard of care because "the issue center[ed] around the professional judgment of the agent in the absence of requests for action"
How later courts described this case
- holding that expert testimony was required to establish standard of care because "the issue center[ed] around the professional judgment of the agent in the absence of requests for action"
- concluding that "where major exclusions are hidden in the definitions section, the insured should be held only to reasonable knowledge of the literal terms and conditions"
- noting that whether an insurance agent's professional judgments were negligent is assessed against the standard of care an ordinary insurance agent would take in the performance of professional duties
- holding the reasonable expectations doctrine prevents application of an exclusion "hidden" within the definitions section of a policy
Written by the judges who cited it.
The opinion
KELLEY, Justice
(concurring specially).
I join in the special concurrence of Justice Simonett.