(DOWNLOAD) "Wright v. Mercury Insurance Co." by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Wright v. Mercury Insurance Co.
- Author : Supreme Court of North Carolina
- Release Date : January 26, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This case was before us upon a former appeal from a judgment of nonsuit which we reversed in 267 N.C. 395, 148 S.E.2d 229. Upon the authority of Elam v. Realty Co., 182 N.C. 599, 109 S.E. 632, and other cases cited, we then held that, where an insurance agent or broker undertakes to procure a policy of insurance for another, it is his duty to use reasonable diligence to obtain it and, within the amount of the proposed policy, he may be held liable for a loss sustained by the proposed insured due to his negligent failure to do so. We further stated that if, in spite of reasonable diligence, such agent or broker is unable to procure the desired insurance coverage, it is his duty to so notify the proposed insured in order that the latter may take the necessary steps to protect himself otherwise. Since the record then before us was sufficient to permit a jury to find a breach of such duties by the defendants, resulting in loss to the plaintiff, we reversed the judgment of nonsuit, stating, "Defendants asserted defenses are not pertinent to this decision, which relates only to the question of the sufficiency of the evidence to survive the motion for nonsuit."