Crump v. Geer Brothers, Inc.

336 So. 2d 1091, 1976 Ala. LEXIS 1771
CourtSupreme Court of Alabama
DecidedAugust 6, 1976
StatusPublished
Cited by22 cases

This text of 336 So. 2d 1091 (Crump v. Geer Brothers, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crump v. Geer Brothers, Inc., 336 So. 2d 1091, 1976 Ala. LEXIS 1771 (Ala. 1976).

Opinion

336 So.2d 1091 (1976)

Timothy P. CRUMP et al.
v.
GEER BROTHERS, INC., a corp.

SC 1395.

Supreme Court of Alabama.

August 6, 1976.
Rehearing Denied September 3, 1976.

*1092 Jones, McEachin, Ormond & Fulton, Tuscaloosa, for appellants.

Hugh W. Roberts, Jr., Tuscaloosa, for appellee.

FAULKNER, Justice.

This is an appeal from a jury verdict, and judgment of the Circuit Court of Tuscaloosa County, awarding Geer $54,000 damages for negligence of an insurance agent by *1093 procuring inadequate coverage of insurance against loss or injury, by fire, and other perils. We affirm.

Geer Brothers, Inc. is a business engaged in selling campers and other recreational vehicles. Crump, an insurance agent, visited Geer several times with intent to sell it insurance. Geer claims that on one of these visits, August 1, 1973, an agreement was reached for Crump to provide "complete and adequate" insurance for the business. No letter, policy, or binder put this into effect. On February 18, 1974, however, Geer was given a "summary of proposed coverage" with coverage of $69,000 for fire and allied perils. This was later increased to $150,000. On May 2, fire destroyed one of Geer's buildings. Geer claimed that the building was worth $10,000; the inventory therein, $90,000. Crump asserts that even though the fire insurance coverage was increased from $69,000 to $150,000, the destroyed building remained insured for only $10,000, and its contents for $20,000. The other $120,000 of fire insurance covered the other buildings on the property, and their contents.

At the trial, Geer contended that Crump knew of the seasonal nature of the business, and its fluctuating inventory; that once Crump had agreed to procure insurance, he was under a duty to use reasonable skill in doing so, by being sure Geer's inventory was adequately covered. Crump, on the other hand, contends there was no agreement reached between him and Geer on August 1, 1973. He says the "summary of proposed coverage" dated February 18, 1974, is unambiguous and the sole "expositor" of any agreement between the parties. Furthermore, he contends the evidence is insufficient to support the jury's finding an agreement to procure "complete and adequate" insurance. Crump also says that the trial court admitted inadmissible evidence; the opposing counsel engaged in improper argument by suggesting to the jury to put themselves in the shoes of Geer; that the issue of personal liability insurance was injected into the trial, to the prejudice of Crump. Finally, he contends that the measure of damages was erroneous because a mark-up was added to the cost of goods in computing the value of the destroyed inventory.

I

This court stated in Timmerman Ins. Agency, Inc. v. Miller, 285 Ala. 82, 229 So.2d 475 (1969):

". . . when an insurance agent or broker, with a view to compensation, undertakes to procure insurance for a client, and unjustifiably or negligently fails to do so, he becomes liable for any damage resulting therefrom."

Here the agent procured insurance, but the questions are, did he procure "complete and adequate" coverage, as alleged by Geer, and did he agree to procure the insurance on August 1, 1973.

The evidence is conflicting about when an agreement to procure insurance was reached. But the evidence is clear that insurance was procured. It appears that there just was not enough. "Complete and adequate" coverage, then, appears to be the principal bone of contention.

Mr. Geer testified that several discussions with Crump were had concerning the necessity of adequate insurance. Crump was advised by Geer of the seasonable nature of the business, and the fluctuating inventory. Crump had access to the financial records of the business, and he examined the Geer warehouses. To show that he relied on the skill of the agent, Mr. Geer testified:

"Well, I did not put it in so many words as to knew (sic) exactly what I had, because I did not research each individual item, and go into great lengths. I explained to Mr. Crump that I was not an insurance expert, that I was sort of at his mercy—he could mess me up, he could charge me extra money, he could waste my money—he said `I will not do that;' he said, `I will write you the right insurance,' and these kind of things. I did not question so many of his details. I did not know what questions to ask him."

*1094 Crump, on the other hand, contends that Geer knew how much coverage he had; that he had explained the coverage to Geer, and that the insurance contract was unambiguous. He testified that after the fire, he told Geer he should be pleased that the coverage on the burned building had been increased to $30,000. Geer testified he agreed that $10,000 was sufficient for the building, but inventories fluctuated rapidly, and $20,000 was insufficient for the contents. Geer's evidence tended to show that in his dealings with Crump he was under the impression he had $100,000 coverage on inventory and warehouse.

To reverse the trial court, we would have to be convinced that the evidence was insufficient to support the verdict. Moreover, in view of the trial court's denying a motion for new trial, the presumption of the jury verdict is strengthened. From a review of the evidence, we cannot hold that the trial court abused his discretion by not granting a new trial. The rule announced in Cobb v. Malone & Collins, 92 Ala. 630, 9 So. 738 (1890) provides that:

". . . the decision of the trial court, refusing to grant a new trial on the ground of the insufficiency of the evidence, or that the verdict is contrary to the evidence, will not be reversed, unless, after allowing all reasonable presumptions of its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince the court that it is wrong and unjust."
* * * * * *
"[The trial judge] has heard and seen the witnesses testify, observed their tone and demeanor, and noticed their candor, or convenient failure of memory, to avoid impeachment, or for other improper purpose. The appellate court, possessing none of these aids and advantages, and receiving the evidence on paper only, is less qualified to determine what evidence is unworthy of belief, or what weight should be given to that which has been rejected by the jury, and may give undue weight to the testimony of some of the witnesses."

II

Crump alleges the trial judge erred by overruling his objections to questions propounded to Geer. He states that they called for a conclusion of the witness, conjecture, and invaded the province of the jury.

The questions are:

"If you had been on the reporting form, or if you had been on—well, how much would the coverage have been in May of 1974, had you been on a reporting form basis?"
* * * * * *
"O.K. Well, was it your understanding, from your dealings with Mr. Crump, that you had more than $20,000 coverage on your inventory that was lost."
* * * * * *
"Were you led to believe by your negotiations with Mr. Crump, that on the warehouse that burned and the contents, that you had increased your coverage over what Gurley Barber and Harris had—"
* * * * * *
"All right, sir. Were you led to believe from the negotiations with Mr.

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Bluebook (online)
336 So. 2d 1091, 1976 Ala. LEXIS 1771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crump-v-geer-brothers-inc-ala-1976.