Attorneys David C. Anderson and Jason M. Renner successfully argued an independent insurance agency was not liable for an alleged failure to add an additional named insured to an auto insurance policy. The suit was brought in Macomb County Circuit Court by three individuals: (1) the named insured, (2) the named insured’s son, and (3) the son’s wife.Plaintiffs filed suit against the agency when the named insured’s auto insurance company denied the son’s claim for uninsured motorist benefits after he was allegedly injured in a motor vehicle accident—asserting he did not meet the definition of insured under the terms of the policy. Notably, while the vehicle involved in the accident was jointly leased, titled, and registered by the named insured and the son, the policy that insured the vehicle neither identified the son as an additional driver nor a named insured. Plaintiffs asserted numerous theories of liability against the agency, including but not limited to negligence, breach of contract, and fraud—all of which attributed the insurance company’s denial to the agency’s alleged failure to ensure the son was afforded coverage under the named insured’s policy. The court summarily dismissed plaintiffs’ complaint on the basis that the agency did not breach any contractual or common law duty owed to the plaintiffs or otherwise make any misrepresentations regarding the coverage provided by the policy at issue. Plaintiffs’ initial settlement demand was $500,000.
09/21/2015
