Westrick

Appellants Joseph Westrick and his son Vincent appeal from a directed verdict in favor of Doug Crawford, Joseph Westrick’s insurance agent, and State Farm Insurance (State Farm), his insurance company.

In their complaint, appellants claimed that Jim Crawford, Doug Crawford’s father and also a State Farm agent, negligently failed to inform Joseph Westrick that a welding truck which later became involved in an accident was not covered under Westrick’s existing insurance policy. Appellants prayed for declaratory relief to establish coverage under the policy, and in the alternative, for damages under theories of negligent misrepresentation, negligence and estoppel. The trial court decided to dispose of the equitable issues first and heard evidence from all parties. During this presentation, appellants’ counsel stipulated that Joseph Westrick’s insurance policy did not in fact cover the six-wheel welding truck, and thereafter proceeded on his negligence theories alone. After both sides rested, the trial judge declared that he had found no factual issues requiring determination by a jury: resolving all conflicts in appellants’ favor, respondents as a matter of law owed no duty…