Foremost Insurance Company v. Putzier

627 P.2d 317 (1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D speaks English in a heavy French-Italian dialect, which makes communication in the English language difficult between D and third parties. D was engaged as a chef and entrepreneur. He had permission of the Snake River Canyon Enterprises to erect a food stand on the premises to be used in selling food and drink to the spectators attending the public spectacle. An agent of Knievel and Snake River Canyon Enterprises told D that he was required to have insurance before he began the operation of his food concession and that it was obtainable through P. D delivered his check in the amount of $300 to Cardell W. Smith in return for insurance coverage. D's $ 300 was accepted by Smith on behalf of P, and Smith told D that he was 'covered.' D was never provided with any insurance policy. He has not read any insurance policy purporting to evidence his insurance contract with P. D believed that upon payment of $300 to P the property located at the jump site in which he had an interest was insured against loss by theft, fire or other calamity. This belief was determined by the trial court to be a reasonable belief under the facts in this case. D's property was damaged by mob action and P refused to cover the damages. The court held that P had a duty to provide D with the insurance policy or advise D in detail of the risks it was assuming in return for the premium. Failure to do so makes D's intentions and expectations paramount in interpreting the terms of any insurance contract existing between D and P. The court held that P was liable for payment of the damages incurred. P was ordered to pay $29,979.63 damages, together with D's costs taxed at $3,746.10. P appealed.