Nacsa

J.—An insured appeals from a summary judgment entered in favor of an insurance company and insurance agent. The insured alleges the agent misled him regarding the extent of coverage for losses of business personal property provided by the insurance policy he purchased. We conclude there are genuine issues of triable fact whether the agent made the representations, and if so, whether they were sufficient to impose a special duty on the insurer. Accordingly, we reverse.

Facts and Proceedings Below

Mike Peltier (Peltier) was the president and sole shareholder of appellant, Paper Savers, Inc. (Paper Savers). In 1989, John David Nacsa (Nacsa), an agent for Truck Insurance Exchange (Truck), offered to provide Peltier’s firm a commercial insurance policy.

According to Nacsa, he met a few times with Peltier at the Paper Savers facility before submitting the company’s application for insurance coverage. Although he walked through the paper bag manufacturing plant, he was not asked to inventory or appraise the company’s equipment or other personal property. Nacsa reviewed Paper Savers’ existing policy providing for a total of $500,000 in liability and personal property coverage.…