# Mueggenborg v. Ellis

> Court of Civil Appeals of Oklahoma · May 10, 2002 · 73 O.B.A.J. 2615

URL: https://www.frixlaw.com/law-library/cases/9788803

## Case

- **Full name:** Darrell M. MUEGGENBORG and Jennifer Mueggenborg, Husband and Wife; And, Dustin R. Mueggenborg, Plaintiffs/Appellants, v. Ralph ELLIS, Individually; Payne County Farm Bureau, a Corporation; And, Oklahoma Farm Bureau Mutual Insurance Company, Defendants/Appellees
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** May 10, 2002
- **Citations:** 73 O.B.A.J. 2615; 55 P.3d 452; 2002 OK CIV APP 88; 2002 Okla. Civ. App. LEXIS 69; 2002 WL 31125258
- **Precedential status:** Published
- **Opinion:** Concurrence by Adams
- **Judges:** Carol M. Hansen
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9788803

## How later opinions describe it (automated extraction)

- 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…
- 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 expa…
- holding that insurance agent had no duty to advise insured “as to the availability of higher limits of UM coverage”

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788803. Public record. Not legal advice.