Wilson

Wilson v. All Service Ins. Corp.

Good Law
153 Cal. Rptr. 121·1979 Cal. App. LEXIS 1625·91 Cal. App. 3d 793
Court of Appeal of CaliforniaApril 11, 1979Civ. 54656California1,939 words

Opinion

Opinion

Lillie, J.

Plaintiffs commenced this action for damages allegedly sustained by them as a result of defendant insurance broker’s having obtained for them a policy of automobile insurance issued by an insurance carrier which subsequently became insolvent after the occurrence of an accident covered by the policy. Plaintiffs appeal from summary judgment entered in defendant’s favor.

The complaint contains five causes of action. The first (negligent placement of insurance) alleges: defendant, All Service Insurance Corporation, is a licensed insurance broker, on July 23, 1974, defendant agreed to obtain a policy of automobile insurance for plaintiffs Willie and Yvonne Wilson; through defendant’s efforts Transnational Insurance Company, on August 18, 1974, issued to plaintiffs a policy of automobile insurance which included uninsured motorist coverage (Ins. Code, § 11580.2); defendant owed plaintiffs the duty to use reasonable care in obtaining insurance from a responsible insurance carrier, which duty included the obligation to investigate the financial stability of the issuing insurance carrier; in selecting Transnational as plaintiffs’ insurance carrier, defendant breached its duty to…

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