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ROY E. BAGGETT and PATRICIA BAGGETT, Indi v. dually and d/b/a BOUTIQUE HOUSE-PORT OF SWANSBORO

Insurance — flood coverage — agent's failure to procure — summary judgment for defendants

A decision of the Court of Appeals holding that the trial court erred by granting summary judgment for defendant insurance agent and defendant insurance agency in an action for negligent failure to obtain flood insurance for plaintiffs is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that defendants satisfied their duty to procure an insurance policy with similar coverage to plaintiffs' existing all — risk policy which specifically excluded flood coverage and that plaintiffs were contributorily negligent in failing to read the policy obtained for them by defendants.

PER CURIAM.

For the reasons stated in the dissenting opinion by Judge Tyson, the decision of the Court of Appeals is reversed.

REVERSED.

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BAGGETT v. SUMMERLIN INS. REALTY, INC
(Nov 1, 2001)