Wendy’s of Bowling Green, Inc. v. Marsh USA, Inc., United States District Court for the Middle District of Tennessee No. 3:10-cv-01043
Plaintiff sued client (insurance broker) for failure to obtain flood insurance premium in a claim arising out of the May 2010 severe flooding in Middle Tennessee. Plaintiff asserts client breached its obligations by failing to notify plaintiff-insured of its failure to pay its flood insurance premium. Plaintiff asserted claims for negligence, breach of contract, breach of fiduciary duty and violations of the Tennessee Consumer Protection Act. Plaintiff sought more than $2.3 million, which included treble damages, plus attorneys’ fees and punitive damages. The novel question was whether an insurance broker has an obligation to notify an insured of its failure to pay a flood insurance policy after the broker secured the policy for the insured.
Obtained summary judgment on plaintiff’s Tennessee Consumer Protection Act and breach of fiduciary duty, significantly narrowing the issues for trial and limiting plaintiff’s potential recovery to compensatory damages. The case was settled after summary judgment was entered on a significant portion of plaintiff’s claims.