Harris v. Albrecht

1 Appellant Ken Harris (Harris) appeals from an order granting summary judgment, dismissing his claims for breach of a contract to procure insurance and negligence. We reverse and remand.

Background(1)

2 Appellee Rick Albrecht (Albrecht) is an insurance agent for co-appellee State Farm Fire & Casualty Company (State
Farm).(2) Over the course of several years, Albrecht and Harris developed an on-going business relationship, wherein Albrecht procured various types of insurance coverage for Harris. This relationship began in 1989, when Albrecht procured automobile insurance coverage for Harris. Subsequently, Albrecht procured insurance coverage for Harris's home, boat, RV, and a liability umbrella policy.

3 Albrecht and Harris conducted their business largely over the telephone, "rarely" discussing the particulars of the various types of coverage Harris sought to obtain from Albrecht. According to Harris, the two men talked on the telephone every couple of months, and all billings and applications were handled through the mail.

4 In mid-summer of 1997, Harris telephoned Albrecht regarding insurance coverage for his architecture business. Harris recalled that the conversation between the two was "very short." During that conversation, Harris told Albrecht that he "wanted to place coverage on [his] office and its contents." In response, Harris contends that Albrecht said "okay, he would take care of [it], he would come out and look at [my office] equipment.(3)"

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¶28 We conclude that the facts viewed in a light most favorable to Harris, namely the conversation between the parties, their long-standing business relationship, and the nature with which the parties conducted their business, necessarily precludes summary judgment.(5)

¶29 The trial court's order granting summary judgment is therefore reversed, and we remand to the trial court for further proceedings consistent with our decision.(6)

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