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A Video Explaining the Loss in Progress Rule
Posted on April 5, 2021 by Barry Zalma
The Loss in Progress Rule
See the full video at...
Californians Defy Gov. Newsom Curfew Order, Flood Streets in 16 Cities
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Zing Zing's Owner Barbecued
No Coverage for Theft by Persons Entrusted
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My Thanksgiving Wishes
I am Thankful
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Read the full article at https://lnkd.in/gdzky7v and at https://zalma.com/blog plus more than 3650 posts.
Foy Insurance Group, Inc. (Foy) appealed a verdict finding that Foy was negligent for failing to advise Ocean to purchase sufficient insurance coverage to rebuild a hotel, damaged in a 2015 fire, in compliance with the current building code and awarding damages to Ocean. In 101 Ocean Blvd., LLC v. Foy Insurance, Supreme Court Of New Hampshire (March 19, 2021) the Supreme Court established how the Plaintiff Established the special relationship to hold an agent liable to an insured for inadequate coverage.
ZALMA OPINION
The actions of Foy and its employees set up a special relationship with Ocean, even to the point of advising him to use a different agent who obtained better coverage than that that Foy could obtain, advised Ocean of limits to obtain, and coverages to obtain for Ocean’s multiple properties. Agents and brokers must be exceedingly careful in the advice given when there is a special relationship and should have known coverage was inadequate for a hotel more than 100 years old.