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PETER v. SCHUMACHER ENTERPRISES, INC.

Nos. S-9177, S-9303.

22 P.3d 481 (2001)

Samuel PETER, Sr., individually and as father and next friend of Samuel Peter, Jr., Appellant, v. SCHUMACHER ENTERPRISES, INC., d/b/a Last Frontier Insurance Cache, Appellee. Samuel Peter, Sr., individually and as father and next friend of Samuel Peter, Jr., Petitioner, v. The Progressive Corporation, Progressive Northwestern Insurance Company, Schumacher Enterprises, Inc., d/b/a Last Frontier Insurance Cache, Respondents.

Supreme Court of Alaska.

May 11, 2001.

Attorney(s) appearing for the Case

David Karl Gross, Law Offices of Murphy L. Clark, Anchorage, for Appellant/Petitioner.

L.G. Berry, Robertson, Monagle & Eastaugh, Anchorage, for Appellee/Respondent Schumacher Enterprises, Inc., d/b/a Last Frontier Insurance Cache.

Gary A. Zipkin, Susan M. West, Guess & Rudd, P.C., Anchorage, for Amicus Curiae/Respondents The Progressive Corporation and Progressive Northwestern Insurance Company.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Chief Justice.

Two major legal questions are presented in this case. The first is whether insurance agents have a common-law duty to advise customers about their insurance coverage. We conclude that insurance agents do have a common-law duty to advise if a "special relationship" exists between the agent and the insured. The second question is whether customers may sue insurers who violate...

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