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SUMMARY JUDGMENT FOR DEFENDANT Insurance Obligation – Professional malpractice – Alleged failure of insurance agent to procure adequate coverage – Uncovered theft loss.

Broward County, FL

The plaintiffs, in this insurance obligation action, alleged that the defendant insurance agent was negligent when it procured a homeowner’s policy for the plaintiffs with insufficient theft coverage limits. The plaintiffs alleged that they subsequently incurred a theft loss to their residence, and that the policy limits were insufficient to cover their losses.

The plaintiffs alleged approximately $________ in personal items was stolen from their house, and that the defendant should have increased their theft coverage, but instead procured insufficient coverage.

Relying on Tiara Condo. Ass’n, Inc. v. Marsh, USA, Inc., ________ F. Supp. 2d ________ (S.D. Fla. Jan. 13, ________), the defendant argued that it did not owe any duty to advise the plaintiffs about their coverage needs, because there were no facts evidencing a “special relationship” giving rise to such duty between the plaintiffs and the defendant.The court agreed with the defendant’s argument and granted final summary judgment and final judgment in favor of the defendant.

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