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Danes v. Rogers

The trial court properly granted summary judgment to an insurance agent and her employer in the plaintiff's suit for negligence, breach of contract and promissory estoppel, since the plaintiff could not show that the agent breached a legal duty.

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Shawn Danes, as administrator of the estate of her husband William Danes, appeals from the trial court’s order granting Andee Rogers’s and Dan Rivers & Associates’ motion for summary judgment. Danes sued Rogers, an insurance agent, and her employer Dan Rivers & Associates collectively “Rogers” after her husband William was killed while working as a subcontractor on a Georgia DOT project. Danes claimed that her husband asked Rogers to procure worker’s compensation insurance coverage for him, but Rogers failed to do so before his death. Shawn Danes alleged negligence, contending that Rogers promised to procure coverage, but did not do so; breach of contract, alleging that Rogers did not procure insurance as she had agreed to do; and, promissory estoppel, claiming that Rogers was estopped from claiming there was no coverage because she promised to procure worker’s compensation insurance for Danes that covered him personally.

Rogers responded that, although William Danes requested worker’s compensation insurance for his business, he told her that he did not want to pay for coverage for himself. Rogers filed a motion for summary judgment contending that the evidence was undisputed that Danes told her that he did not want the policy to cover him personally because he could not afford it. The trial court granted the motion. For the reasons that follow, we affirm.

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