Deer v. National General Ins. Co. (Dissent)

Summary

Justice McDonald, joined by Justice Ecker, dissented from the judgment upholding summary judgment for the insurance agency. The dissent would hold that an insurance agent's duty to exercise reasonable care in effecting coverage can continue when the agent learns that an existing policy is threatened with cancellation or nonrenewal, and would remand because a genuine factual dispute existed about whether the agency notified the insureds. The dissent also urged reconsideration of the traditional bright-line rule ending an agent's duties upon procurement of the policy because it no longer reflects modern insurance relationships. Justice McDonald, dissenting, would have reversed and remanded rather than affirming the judgment below.