French v. State Farm Fire & Casualty Co.

881 N.E.2d 1031, 2008 Ind. App. LEXIS 432, 2008 WL 597949
CourtIndiana Court of Appeals
DecidedMarch 6, 2008
Docket18A02-0612-CV-1161
StatusPublished
Cited by4 cases

This text of 881 N.E.2d 1031 (French v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
French v. State Farm Fire & Casualty Co., 881 N.E.2d 1031, 2008 Ind. App. LEXIS 432, 2008 WL 597949 (Ind. Ct. App. 2008).

Opinion

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Jerry and Becky French (the “Frenches”) appeal from the trial court’s order granting summary judgment in favor of Jane Hodson on the Frenches’ claim of negligent advice and procurement of insurance. The Frenches raise three issues for our review, which we restate as whether the trial court erred in granting summary judgment in favor of Hodson.

We affirm. 1

FACTS AND PROCEDURAL HISTORY

On June 11, 2002, Jerry entered into a purchase agreement with Delaware County Mobile Home Sales for a manufactured home (the “Manufactured Home”). The purchase price of the Manufactured Home was $76,950. The Manufactured Home was to be delivered to real property owned by the Frenches in Delaware County.

Shortly after purchasing the Manufactured Home, Jerry sought homeowner’s insurance. He called Hodson, his insurance agent of nineteen years and from whom Jerry had purchased “three or four” homeowner’s policies and “[a] lot” of automobile policies. 2 Appellant’s App. at 121. Hodson was an independent insurance agent who sold only State Farm Fire and Casualty Company’s (“State Farm’s”) policies. State Farm paid Hodson “a commission per policy that [she] s[o]ld.” Id. at 108. The amount of the insurance premium determined the amount of her commission.

*1033 In his telephone call, Jerry “explained to Ms. Hodson’s office” that he and Becky “had purchased a manufactured home.” Id. at 80. Jerry then stated that the Manufactured Home would be “delivered” to his property sometime in July of 2002 and that he “needed coverage before it was delivered.” Id. Hodson’s office consisted of Hodson and one employee.

A few days later, Jerry and Hodson met to discuss Jerry’s insurance needs. Hod-son asked Jerry various questions about his new home, and she entered his responses into the Insurance-to-Value (“IV”) calculator. The IV calculator is an electronic tool insurance agents use to determine a “reasonably accurate estimate of current replacement cost” coverage, although Jerry never specified the type of coverage he desired. Id. at 131. The questions Hodson asked Jerry for the IV calculations pertained only to the characteristics of the new home.

State Farm offered different insurance policies “determined by the type of home you have.” Id. at 104. Specifically, according to Hodson, State Farm offered “renter[’]s insurance, ... mobile home insurance, [and] ... homeowner[’]s.” Id. at 108. And according to State Farm, there are significant differences between a manufactured home and a stick-built 3 home:

All manufactured homes are built entirely in the factory under a federal building code administered by the U.S. Dept, of Housing and Urban Development (“HUD”). The Federal Manufactured Home Construction and Safety Standards went into effect June 15, 1976 (“HUD Code”). The purpose of the HUD Code is, in part, “to facilitate the availability of affordable manufactured homes and to increase home ownership for all Americans,” as well as “to encourage innovative and cost-effective construction techniques for manufactured homes.” (Emphasis added[.])
Other purposes include to provide federal standards for the construction of manufactured homes and “to ensure that the public interest in, and the need for, affordable manufactured housing is duly considered in all determinations relating to the federal standards and their enforcement.” 42 U.S.C. 5401. (Emphasis added[.])
The HUD Code regulates the design and construction of manufactured housing. A “manufactured” home is defined, in part, as:
... a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or when erected on site, is three hundred twenty or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein ...
24 CFR 3280.2.
No manufactured home may be shipped from the factory unless it has a special label affixed to the exterior of the home indicating that the home passed inspection by HUD. 24 CFR 3280.11....
The HUD Code also has a series of requirements for the design and construction of the home. 24 CFR 3280.103 et. seq. Every manufactured home must be designed and constructed according [to] the federal standards, and are not required to comply with any local build *1034 ing codes that would be applicable to a stick-built home.
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[A] manufactured home is also known as a “mobile home” or “double wide” trailer....

Id. at 241-43. Despite those apparent differences, Hodson did not ask Jerry whether his new home was a manufactured or stick-built home, nor did she ask him about the purchase price of his new home.

Once Hodson entered Jerry’s responses into the IV calculator, the program indicated that the “estimate[d] replacement cost” of the home was $173,200. Id. at 144. After an estimate was generated by the IV calculator, it was Hodson’s normal practice to review that estimate with the insurance applicant and to ask the applicant if he or she felt that the calculator’s estimate suggested enough coverage. Hodson understood that customers seeking insurance from her relied on her advice and assistance when they were meeting to place coverage. And once Hodson gave the insurance estimate to Jerry, Jerry “trusted her judgment and expertise in arriving at this figure and signed off on the application.” Id. at 81.

At some point in her interaction with Jerry, Hodson concluded that the Frenches needed additional coverage during construction of the home, even though the Frenches had purchased a manufactured home. Based on that conclusion, Hodson issued a “dwelling under construction” endorsement to the homeowner’s insurance policy (“Policy”). Id. at 332. And because of that endorsement, State Farm’s underwriting department did not require Hod-son to inspect or take pictures of Jerry’s new home, which it normally would have done, before issuing the Policy. An internal State Farm document later noted that the Frenches’ home had a “[cjonstruction completion date” of October 25, 2002. Id.

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Bluebook (online)
881 N.E.2d 1031, 2008 Ind. App. LEXIS 432, 2008 WL 597949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-state-farm-fire-casualty-co-indctapp-2008.