GABRIELSON v. WARNEMUNDE

No. C6-88-1011.

443 N.W.2d 540 (1989)

Timothy D. GABRIELSON, et al., Respondents, v. James L. WARNEMUNDE, d/b/a Warnemunde Insurance Agency, Petitioner, Appellant.

Supreme Court of Minnesota.

August 4, 1989.


Attorney(s) appearing for the Case

Fred Jacobberger, James Fleming, Gilsdorf & Jacobberger, St. Paul, for petitioner, appellant.

Terence Meany, Leighton, Meany, Cotler, Enger & Seibel, Ltd., Austin, of counsel John Hagen, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.


KEITH, Justice.

This case presents the issue of whether an insurance agent is under an affirmative duty to update an insurance policy at the time it is renewed or to inquire whether any changes have occurred to the insured's property which would affect coverage. We hold as a general matter that, absent special circumstances in the relationship with the insured, an insurance agent is not under such a legal duty. Because no special circumstances exist in the present...

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