FIRST IMPRESSIONS & SPLIT DECISION–TORTS: Duty of an insurance company to an insured at the scen
In Kenyon v. Elephant Ins. Co., the 4th Court considered an issue of first impression: whether an insurance company owes a duty to its insured when the insurer accepts a call from its insured and provides post-accident guidance. The majority held there is no duty, affirming the trial court’s summary judgment order. The dissent would have held there is a duty.