 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Martini v. Beaverton Insurance Agency Inc.9/3/1992
SUPREME COURT OF OREGON
SC No. S37696
1992.OR.40908 ; 314 Or. 200; 838 P.2d 1061
September 3, 1992
ELIDIO MARTINI, RESPONDENT ON REVIEW,
v.
BEAVERTON INSURANCE AGENCY, INC., DBA BEAVERTON-TIGARD INSURANCE AGENCIES, PETITIONER ON REVIEW
On review from the Court of Appeals. CC No. A8704-02146; CA No. A49993.
James M. Callahan, of Callahan & Shears, P.C., Portland, argued the cause for petitioner on review and filed the petition.
Michael H. Bloom, Portland, argued the cause for respondent on review and filed the response.
Thomas M. Christ, of Mitchell, Lang & Smith, Portland, filed a brief on behalf of amicus curiae Independent Insurance Agents of Oregon.
In Banc. Graber, J.
Graber
In this action for negligent failure to procure insurance, the principal issue on review is whether the trial court erred in striking from defendant's amended answer a specification of comparative fault alleging that plaintiff failed to read the insurance policy after obtaining it from defendant and in instructing the jury that it should not consider whether plaintiff had read his policy. The Court of Appeals held that the trial court did not err and affirmed. Martini v. Beaverton Ins. Agency, Inc., 103 Or App 587, 798 P2d 704 (1990). We reverse.
Plaintiff owned and managed a business that operated a restaurant in a building that he leased. The lease contained a clause that required plaintiff to maintain liability insurance, "insuring both the lessor and the lessee [plaintiff] against all liability for damages to person or property in or about said leased premises." The lease also required plaintiff to hold the lessor harmless for damage if plaintiff failed to comply with any covenant of the lease.
Plaintiff originally obtained an insurance policy through another insurance agency. That policy contained an "additional insured" endorsement covering the lessor. Plaintiff had that policy for four years.
Then plaintiff sought a liability policy through defendant, an insurance agency that had arranged plaintiff's automobile insurance for several years. The new policy, which insured the corporation that plaintiff owned, contained no "additional insured" endorsement.
About one year after obtaining the new policy, plaintiff was injured at the restaurant, and he sued the lessor for negligent maintenance of the premises. The lessor raised as an affirmative defense that plaintiff had breached the condition of the lease requiring him to insure the lessor. The lessor contended that, even if plaintiff prevailed, he was required under the terms of the lease to hold the lessor harmless for any damages. Plaintiff settled the personal injury claim with the lessor for $6,282.
Plaintiff thereafter sued defendant. He claimed that defendant was negligent in failing to procure the "additional
insured" endorsement and that the absence of the endorsement reduced the value of plaintiff's personal injury claim against the lessor. Defendant alleged that plaintiff was comparatively at fault in three respects: in informing defendant that he was buying, rather than leasing , the insured premises; in failing to inform defendant that the lessor was to be an additional insured; and in failing to read his policy after defendant delivered it.
The trial court bifurcated the case. First, the jury was asked to consider the underlying personal injury act
Page 1 2 3 4 5 6 7 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|