The plaintiff's poultry processing plant was destroyed by fire and was significantly underinsured because the original insurance application understated the building's size.
The plaintiff sued her insurance broker and the insurer.
The insurer brought a motion for summary judgment to dismiss the claims against it, arguing it owed no duty of care to inform the insured or the broker of the size discrepancy it discovered during a subsequent property inspection.
The court dismissed the motion, finding that conflicting evidence regarding the purpose of the inspection and the parties' reliance required a full trial to determine whether a novel duty of care existed under the Anns/Cooper framework.
