Case Conclusion Date:April 24, 2003
Outcome:Summary judgment for insurance agency affirmed
Description:Insurer sought declaratory judgment that commercial property insurance policy had been effectively cancelled prior to fire that damaged insured's apartment complex. Insured counterclaimed for coverage and asserted cross-claim against insurance agency alleging breach of fiduciary duty and obligation to obtain replacement insurance. The United States District Court for the Northern District of Georgia, No. 01-01042-CV-MHS-1, Marvin H. Shoob, J., granted summary judgment for insurer and agency, and insured appealed. The Court of Appeals held that agency by agreeing to procure policy did not thereby assume duty to insured to procure replacement coverage upon cancellation of policy.