Question
Shelly Opp lived in California with her husband, Richard. Shelley and Richard separated, and Shelley moved to Illinois.Ten months after the separation, Shelley entered into
Shelly Opp lived in California with her husband, Richard. Shelley and Richard separated, and Shelley moved to Illinois.Ten months after the separation, Shelley entered into an agreement with a moving company to pick up her personal property in California and deliver it to her in Illinois.She indicated to the moving company that she wanted full insurance on her property. The Estimate later sent provided that, at the time of pickup, Shelley or her agent would need to indicate the insurance level for the goods. If no selection was made, the carrier would provide the standard level of insurance at $0.60 per pound. The day of the move, Shelley was in Illinois. She asked her husband to meet the movers, and she advised the movers that someone would be there at the California address to let them in and collect her belongings.Richard met the movers, let them in, and signed the bill of lading, electing the standard $0.60 per pound insurance.On the way to Illinois, the truck was hit by a train, resulting in the total loss of her property.The carrier claimed it was only liable $2,625 - based on the $0.60 per pound insurance coverage.Shelley insisted that they pay the full insurance value. Using the principles of agency law, is the carrier liable for the full loss?
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