Summary Judgment in $1.25-Million Negligent Procurement Case

July 11, 2022

Corey L. Kraushaar and Tyler A. McElroy obtained a $1.25-million summary judgment in favor of the defendant insurance agent (client) on plaintiff’s negligent procurement of insurance claim related to a fire loss. The Court found that: 1) the plaintiff could not have been included as a mortgage on the policy since it lacked that status and would have voided coverage for material misrepresentation, and, 2) had the plaintiff been included as an additional insured then the fire protective safeguard endorsement barred recovery.