Donald A. O'Brien

Minnesota Recognizes Claim Against Insurance Agent for Negligent Failure to Procure Insurance
Donald A. O'Brien, November 9, 2011
Plaintiff insured claimed that he instructed his insurance agent to obtain $1 million in UIM coverage in an umbrella policy he was purchasing. The umbrella policy issued provided only $100,000 in UIM coverage. When the insured was injured by a UIM driver, the agent denied having been directed to...

No Coverage for Insurance Agent’s Claim Against His Agency for Failure to Procure Coverage
Donald A. O'Brien, November 3, 2011
Plaintiff insurance agent was employed by his corporate insurance agency and was both an agent and an insured under the E&O policy issued to agents by defendant carrier. When the insured agent injured another agent in a jet ski accident in Mexico, he made a claim against his agency for failure to...

Accountant May Owe Duty of Care to Client’s Creditors
Donald A. O'Brien, October 13, 2011
Plaintiff sellers sold their franchise rights in certain restaurants to a buyer. As a part of the sale, the buyer executed a promissory note to the sellers. The asset purchase agreement between the sellers and buyer required buyer to provide audited financial statements to the sellers each year...