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Beavers Insurance Agency, Inc. v. Roland

Court of Appeals of Georgia
Jun 30, 1975
135 Ga. App. 263 (Ga. Ct. App. 1975)

Summary

finding issues of fact where there was an allegation of an agency relationship between the plaintiff and defendant, as well as evidence in the record from which a jury could believe that defendant was an independent insurance agency which placed insurance business with several companies

Summary of this case from MLR Inv. Grp., LLC v. Pate Ins. Agency, Inc.

Opinion

50583.

ARGUED APRIL 29, 1975.

DECIDED JUNE 30, 1975.

Insurance coverage. Houston State Court. Before Judge Armitage.

Nunn, Geiger, Rampey, Buice Harrington, D. L. Rampey, Jr., Gregory J. Leonard, for appellant.

Smith Williams, George L. Williams, Jr., for appellee.


The record in this case reveals issues of fact which should be determined by a jury. Consequently, the trial judge did not err in denying the appellant's motion for summary judgment.

This case is materially different from Sutker v. Penn. Ins. Co., 115 Ga. App. 648 ( 155 S.E.2d 694). In Sutker, the complaint alleged that the named individual agent was "the duly authorized agent, employee, and servant of the insurance company acting in the prosecution of the company's business and within the scope of his authority." P. 649. The holding in Sutker is that "it appears settled that there is no liability in tort for failure of the defendant insurance agent or broker to procure or have renewed a policy of insurance where the defendant is the insurance company's agent and not the plaintiff's agent." P. 653.

In the present case, the suit is against the insurance agency alone. The complaint in this case alleges an agency relationship between the plaintiff and the defendant. There is evidence in the record which a jury could believe that the defendant was an "independent insurance agency" which placed insurance business with several companies. "An insurance agent is personally liable to an applicant in damages for a breach of his contract or agreement to procure insurance." 16 Appleman, Insurance Law and Practice, p. 449, § 8831, and cits. "There is controlling authority for the proposition that where one undertakes to procure insurance for another and is guilty of ... negligence in his undertaking, he is liable for loss or damage to the limit of the agreed policy." Beiter v. Decatur Federal c. Assn., 222 Ga. 516 (2) ( 150 S.E.2d 687) and cits.

Judgment affirmed. Deen, P. J., and Evans, J., concur.


ARGUED APRIL 29, 1975 — DECIDED JUNE 30, 1975.


Summaries of

Beavers Insurance Agency, Inc. v. Roland

Court of Appeals of Georgia
Jun 30, 1975
135 Ga. App. 263 (Ga. Ct. App. 1975)

finding issues of fact where there was an allegation of an agency relationship between the plaintiff and defendant, as well as evidence in the record from which a jury could believe that defendant was an independent insurance agency which placed insurance business with several companies

Summary of this case from MLR Inv. Grp., LLC v. Pate Ins. Agency, Inc.
Case details for

Beavers Insurance Agency, Inc. v. Roland

Case Details

Full title:BEAVERS INSURANCE AGENCY, INC. v. ROLAND

Court:Court of Appeals of Georgia

Date published: Jun 30, 1975

Citations

135 Ga. App. 263 (Ga. Ct. App. 1975)
217 S.E.2d 484

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