Coffey

Appellee Polimeni had judgment in damages against appellant Coffey for the latter’s negligence in acting upon an application for fire insurance. Polimeni’s complaint was in two counts or causes of action, one sounding in tort for negligence, the other being for breach of an alleged promise to obtain insurance. The court ordered a dismissal of the latter cause at the close of plaintiff’s proof but allowed the case to go to the jury on the issue of negligence.

Coffey maintained an insurance office at Anchorage, Alaska, where he had for years acted as agent or broker for numerous fire insurance companies. His letterheads bore the legend Coffey Insures Everything — Remember?” On two occasions previous to the one in question he had procured fire insurance for Polimeni. Polimeni was a long-time resident of a village called South Naknek, which, in insurance parlance, is an “unprotected” area. He acquired a restaurant building at that place and enlarged and substantially rebuilt it from moneys earned as a fisherman. Apparently the establishment was completed in March 1948. Polimeni is an illiterate Italian with imperfect understanding of English, and in addition suffers from an…