D. Jere’ Webb v. Gittlen
Arizona Supreme Court
174 P.3d 275 (2008)
- Written by Jody Stuart, JD
Facts
Neal and Gail Berliant owned a liquor store. The Berliants purchased a business and umbrella liability-insurance policy from Victoria Gittlen (defendant), a licensed insurance agent. A minor purchased beer from the liquor store and gave it to another minor, who drove a car into a cement barrier. A passenger in the car was killed, and the passenger’s father, D. Jere’ Webb (plaintiff), filed a wrongful-death claim against the Berliants. The Berliants’ insurance company refused to defend the Berliants because the Berliants lacked liquor-liability coverage. The Berliants alleged that Gittlen did not advise them that they could purchase liquor-liability coverage. To settle the wrongful-death claim, the Berliants stipulated to a $3 million judgment. Webb agreed not to execute on the judgment in exchange for assignment to Webb of the Berliants’ rights to sue Gittlen. Webb then sued Gittlen in trial court for professional negligence. The trial court dismissed Webb’s claims, and the appeals court affirmed. Webb appealed.
Rule of Law
Issue
Holding and Reasoning (Bales, J.)
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