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MAYO v. AMERICAN FIRE & CASUALTY COMPANY

No. 67.

192 S.E.2d 828 (1972)

282 N.C. 346

R. W. MAYO, Plaintiff, v. AMERICAN FIRE & CASUALTY COMPANY, Original Defendant, and Max G. Creech, Additional Party Defendant.

Supreme Court of North Carolina.

December 13, 1972.

Attorney(s) appearing for the Case

Robert A. Spence, Smithfield, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey, Raleigh, for American Fire and Casualty Co.

James A. Wellons, Jr., Smithfield, for defendant appellant Creech.

LAKE, Justice.

The plaintiff's alleged cause of action against Creech is for damages caused by Creech's negligence in failing to procure, for the benefit of the plaintiff, insurance coverage which Creech undertook to procure. It is well established in this State that, if an insurance agent or broker undertakes to procure for another insurance against a designated risk, the law imposes upon him the duty to use reasonable diligence to procure such insurance and holds...

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