Question
Elliott and his fiancee were planning to get married and travel from their home in Nova Scotia to Europe on their honeymoon.Elliott went to his
Elliott and his fiancee were planning to get married and travel from their home in Nova Scotia to Europe on their honeymoon.Elliott went to his insurance agent, requesting luggage insurance for the trip.The agent told him it was unnecessary, since any loss was already covered by the tenant's insurance coverage he had for personal property in his apartment, to a maximum of $15,000.The luggage was stolen from the trunk of a rented car in Rome.After returning home to Nova Scotia, Elliott filed his insurance claim, only to learn that his policy limited coverage to a maximum of $1,000.The total loss was slightly in excess of $5,000.Elliott brought an action against the agent to recover the difference between $1,000 and the actual loss he had sustained.
What will be the legal basis of Elliott's claim? Analyse the case and show whether the insurance agent should be held liable for the amount Elliott has claimed.If the agent is liable, is his employer also liable?Be sure to show your legal reasoning.
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