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MILLERS NAT. INS. v. TAYLOR FREEMAN INS.

No. 2 CA-CV 89-0020.

161 Ariz. 490 (1989)

779 P.2d 365

MILLERS NATIONAL INSURANCE COMPANY, an Illinois corporation, Third-Party Plaintiff/Appellee, v. TAYLOR FREEMAN INSURANCE AGENCY, an Arizona corporation; and Homeowners Insurance Agency, an Arizona corporation, Third-Party Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 26, 1989.

Attorney(s) appearing for the Case

Law Offices of Charles J. Surrano, III by Charles J. Surrano, III and Daniel J. O'Connor, Phoenix, for third party plaintiff/appellee.

Sorenson, Moore, Evens & Burke by George R. Sorenson and John S. Schaper, Phoenix, for third-party defendant/appellant, Taylor Freeman Ins. Agency.

Ranger, Martin & Associates by Edward M. Ranger and Roger W. Martin, Scottsdale, for third-party defendant/appellant, Homeowners Ins. Agency.

OPINION

HOWARD, Judge.

This is an action for breach of contract and declaratory judgment relief involving the contractual liability of a general insurance agent and its subagent to the insurer for failure to give written notice of the availability of underinsurance motorist coverage to an insured.

I. FACTS

In 1983 and 1984 Millers National Insurance Company (Millers) was an Illinois Corporation licensed to do business in Arizona. It entered...

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