Langwith v. American National General Insurance Company

After the Langwiths' son Ben's driver's license was suspended and later reinstated, agent Fitzgerald (defendant) procured him a new high-risk auto policy but, following a specific conversation with Susan Langwith about Ben's coverage, failed to advise that he remained excluded from the family's separate umbrella policy under an earlier-signed exclusion; when Ben later caused an accident, the umbrella insurer (American, defendant) denied coverage based on that exclusion. Ben and Dennis Langwith (plaintiffs) sued Fitzgerald for breach of a duty to advise them of Ben's coverage gap, and the trial court granted Fitzgerald summary judgment based on precedent limiting an agent's duty to merely procuring requested insurance.