Lesley Wilks and Paul Wilks, Wife and Husband, Plaintiffs/appellants v. John Manobianco and Sandra Lee Manobianco…

Summary

The court held that statutory compliance with the requirement to offer uninsured and underinsured motorist coverage does not bar a common-law negligence claim against an insurance agent who allegedly failed to procure coverage requested by the insured. The statute protects insurers from factual disputes about whether coverage was offered, but does not address an agent's separate duty to obtain requested coverage. The court affirmed reversal of summary judgment and remanded for trial, including consideration of the insured's comparative fault. No separate opinions were issued.