Opinion

Mueggenborg v. Ellis

  • 73 O.B.A.J. 2615
  • 55 P.3d 452
  • 2002 OK CIV APP 88
  • 2002 Okla. Civ. App. LEXIS 69
  • 2002 WL 31125258
Court
Court of Civil Appeals of Oklahoma
Filed
May 10, 2002
Status
Published
Author
Adams
On the bench
Carol M. Hansen
Cited by
15 cases
Authority
More cited than 11.2%

finding that a request for “adequate protection” did not trigger any particular duty on behalf of the agent where “[p]urchasers of insurance usually do seek ‘adequate protection’ . . . ‘To permit a conversation such as this to serve as the basis for an issue of fact leading to a finding of an expanded principal-agent relationship would in substance make the agent a blanket insurer for his principal’”

How later courts described this case

  • finding that a request for “adequate protection” did not trigger any particular duty on behalf of the agent where “[p]urchasers of insurance usually do seek ‘adequate protection’ . . . ‘To permit a conversation such as this to serve as the basis for an issue of fact leading to a finding of an expanded principal-agent relationship would in substance make the agent a blanket insurer for his principal’”
  • holding that plaintiffs had not stated a negligence claim where the agent did not advise then about the availability of higher limits because plaintiffs simply requested “adequate protection” which is a “typical request by an insured” and permitting such a conversation to expand the scope of the duty “would in substance make the agent a blanket insurer for his principal”
  • holding that insurance agent had no duty to advise insured “as to the availability of higher limits of UM coverage”

Written by the judges who cited it.

The opinion

ADAMS, J.,

concurs specially:

T11 I concur with the majority opinion, but I write separately to highlight the importance of footnote 1. The rule applied in this case does not necessarily address claims against an insurance agent for negligence where that agent is alleged to be an agent of the party seeking insurance or is not an employee of one insurance company but is an "independent agent" representing several competing companies. Whether liability for negligence advice might be imposed against the insurance agent in those cireumstances appears to be undecided in Oklahoma. See Hefley v. Neely Insurance Agency, Inc., 1998 OK 12 , 954 P.2d 135 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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