California’s Second Appellate District Upholds Trial Court’s Order Granting PK Schrieffer LLP’s MSJ

On January 31, 2017, the Second Appellate District in Ventura County, California upholds the lower court’s order granting summary judgment in favor of PK Schrieffer LLP’s client, Jones & Maulding Insurance Agency, in the case entitled Canan v. Jones on the grounds that California law is clear on the issue of insurance agencies’ duties. The Appellate Court refused to entertain out-of-state authorities cited by the Canans in support of their argument that the agency had a duty to recommend greater coverage than requested. The Appellate Court affirmed long standing California law that an agency need not advise the customer to purchase excess coverage for UM insurance from another carrier when evidence showed the customer had specifically requested a $1 million umbrella policy from Allied which only provided excess liability coverage.