Lippert v. Bailey

1 Analyses of this case by attorneys

  1. Motion to Dismiss Insurance Agent Denied Due to “Special Duty” Issue

    Sedgwick LLPOctober 11, 2011

    In a U.S. District Court action brought against Allstate and one of its insurance agents alleging the negligent underinsurance of a residence destroyed by fire, Allstate filed a Rule 12(b)(6) motion seeking the dismissal of the agent. Allstate contended that the agent was a disclosed Allstate agent acting withing the course and scope of that agency and, accordingly, the agent should be dismissed under Lippert v. Bailey(1966) 241 Cal.App.2d 376, 282. Under Lippert, as a general rule, insurance agents acting in their agency are not individually liable.