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Hattaway v. Conner

In the absence of the insurance application in the record, the trial court's decision that the language in question clearly precluded the plaintiff's negligent misrepresentation action, was presumably correct.

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In this negligent misrepresentation action, Michael Hattaway appeals the grant of summary judgment to Conner Agency, Inc. and Greg Conner defendants, contending that the trial court erred in ruling in favor of defendants because Hattaway breached a duty to read his completed insurance application to ensure that it contained no material misrepresentations. For following reasons, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Burkett v. Liberty Mut. Fire Ins. Co .2

So viewed, the record shows that in March 1998, Greg Conner, an employee of Conner Agency Inc., assisted Hattaway in reviewing and preparing an application to insure Hattaway’s mobile home. Question 56 on the application allegedly asked for information concerning each dwelling and mobile home loss suffered by the applicant within the last five years. Hattaway informed Conner that he had suffered a partial loss during the period in question but was confused as to whether the question’s inquiry related to partial losses. In response, Conner advised Hattaway that the question sought information concerning total dwelling or mobile home losses and further advised Hattaway that the appropriate answer to Question 56 should be “none.” Relying on that representation, Hattaway answered accordingly.

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