Reedon of Faribault, Inc. v. Fidelity & Guaranty Insurance Underwriters, Inc.

387 N.W.2d 441, 1986 Minn. App. LEXIS 4329
CourtCourt of Appeals of Minnesota
DecidedMay 13, 1986
DocketNo. C3-85-1503
StatusPublished
Cited by2 cases

This text of 387 N.W.2d 441 (Reedon of Faribault, Inc. v. Fidelity & Guaranty Insurance Underwriters, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reedon of Faribault, Inc. v. Fidelity & Guaranty Insurance Underwriters, Inc., 387 N.W.2d 441, 1986 Minn. App. LEXIS 4329 (Mich. Ct. App. 1986).

Opinions

OPINION

RANDALL, Judge.

Fidelity and Guaranty Insurance Underwriters, Inc. (Fidelity), appeals from the trial court’s judgment in favor of respondent Reedon of Faribault, Inc. (Reedon), awarding Reedon damages incurred when Fidelity and its agents, Palmer and Cornell, negligently underinsured the Galaxy Motel owned by Reedon. Prior to trial, Palmer and Cornell executed a Pierringer release for claims arising in their individual capacity, not as Fidelity’s agent.

After a trial the matter was submitted to the jury on a special verdict form. The jury found that Fidelity was negligent in providing fire insurance on the Galaxy. The jury found Palmer, as Fidelity’s agent, negligent. The jury found Reedon contrib-utorily negligent in procuring inadequate fire insurance on the Galaxy.

The jury apportioned negligence as follows: Fidelity 45%; Palmer, as Fidelity’s agent, 45%; Reedon 10%; and Palmer and Cornell, acting in an individual capacity and not as Fidelity’s agent, not negligent. The trial court added the 45% negligence attributable to Fidelity to the 45% negligence attributed to Palmer as Fidelity’s agent, and entered judgment against Fidelity for 90% of the loss, or $44,680. The stipulated amount of Reedon’s loss was $49,643.83.

Fidelity moved for judgment notwithstanding the verdict or a new trial, and for an order limiting recovery against Fidelity to 45% of the total amount of the loss. The trial court, by an order entered July 17, [443]*4431986, denied Fidelity’s motions. We affirm.

FACTS

Reedon purchased fire insurance from Palmer and Cornell, Inc., in 1981 to cover the Galaxy Motel. The policy was written through Fidelity. The Fidelity policy was written on the same terms, with the same coverage limits, as a previous policy written through South Carolina Insurance Company. South Carolina had insured the Galaxy as two separate buildings with $486,-000 on building one and $324,000 on building two. Shortly after the policy was written, Fidelity’s engineering department inspected the Galaxy.

In 1982 the Galaxy expanded by adding additional motel units as well as a conference room which joined together the two separate buildings. Coverage on building one was increased to $586,000 to cover the additions. The coverage was added to building one because a fire door separated the conference room from building two. Coverage on building two remained the same.

In spring, 1982, the Galaxy installed a sprinkler system in order to obtain a rate reduction. After installation of the sprinkler system was complete, Fidelity ordered a second inspection. An Independent Service Organization (ISO) representative inspected the Galaxy for Fidelity to determine whether the Galaxy qualified for a rate reduction. The ISO inspector determined that the Galaxy should be rated as one building divided in two sections, rather than as two separate buildings because the two sections were not separated by a fire door. Fidelity denied Reedon’s request for a premium reduction and notified Palmer and Cornell that the Galaxy’s rates would increase six-fold due to the lack of a fire door.

Ralph Palmer orally informed Reedon that the building was not ratable as two buildings and would be rated as one building with $910,000 of coverage. Reedon immediately ordered the fire door.

While Reedon was waiting for the fire door to arrive, a fire originated in Galaxy’s sauna destroying what had been designated as building two and causing $373,643.83 in damages. Fidelity paid its policy limits for building two, $324,000. The Galaxy sustained $49,643.83 in stipulated, uncovered losses. Fidelity claimed, and the jury found, that the policy had not been modified to cover the Galaxy as one building. This was the basis for the jury’s finding of negligence against Fidelity. Prior to trial Reedon signed a Pierringer release. The release specifically referred to claims arising from Palmer and Cornell’s individual negligence, not its negligence as Fidelity’s agent.

The jury found Fidelity 45% negligent; Palmer, as Fidelity’s agent, 45% negligent; Reedon 10% negligent; and Palmer, acting in an individual capacity and not as Fidelity’s agent, not negligent. The trial judge imputed Palmer’s negligence to Fidelity, and after reducing the loss by Reedon’s percentage of negligence, entered judgment for $44,680 against Fidelity.

ISSUES

1. Was the evidence sufficient to support the jury’s finding of independent negligence on the part of Fidelity?

2. Did the Pierringer release signed by Palmer and Cornell release Fidelity as well?

ANALYSIS

I.

Fidelity’s Liability

This is a case involving the respective liability of multiple defendants. Fidelity argues that the jury’s verdict as to Fidelity’s independent or individual negligence is unsupported by the evidence.

Fidelity claims that its only liability is vicarious, arising from its reliance on Palmer’s computations and descriptions of the property, and that it exercised reasonable care by providing a policy that met the specifications supplied by Palmer and Ree-[444]*444don. Reedon argues that once Fidelity undertook inspections of the Galaxy on two separate occasions, it assumed a duty to provide adequate insurance.

The special verdict contained the following interrogatories:

5. Was defendant USF & G Insurance Underwriters, Incorporated negligent in providing fire insurance to plaintiff?
Yes _X_ No_
******
9. Was plaintiff Reedon of Faribault, Incorporated, negligent in procuring inadequate fire insurance?
Yes _X_ No_
******
11. Was defendant Ralph Palmer, as an agent of USF & G Insurance Underwriters, Incorporated, negligent in providing inadequate fire insurance to plaintiff Reedon of Faribault, Incorporated?
Yes _X_ No_
******
13. Was defendant Ralph Palmer while acting in an individual capacity— other than an agent of USF & G — negligent in providing inadequate fire insurance to plaintiff Reedon of Faribault, Incorporated?
Yes_ No X
******
Taking all the negligence that contributed as a direct cause to the plaintiffs loss to be 100%, what percent or proportion thereof do you attribute to:
(a) United States Fidelity and Guaranty Insurance, Inc. 45%
(b) Palmer and Cornell Inc. (individual capacity) 0%
(c) Ralph Palmer, as agent of USF & G Inc. _45%
(d) Reedon of Faribault, Inc. 10%
TOTAL 100%

Examining the special verdict form, we conclude that Palmer’s individual negligence, not his negligence as Fidelity’s agent, was submitted to the jury in interrogatory no. 13. We hold that the trial court’s submission of the interrogatories in this manner was proper. We note that Palmer and Cornell were independent insurance brokers.

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387 N.W.2d 441, 1986 Minn. App. LEXIS 4329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reedon-of-faribault-inc-v-fidelity-guaranty-insurance-underwriters-minnctapp-1986.