Colonial Savings Ass'n v. Taylor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining the elements giving rise to a duty under a negligent-undertaking theory
• in negligence case, whether insured was contributorily negligent for failing to read insurance policy was a question of fact for the jury
• jury found insurance company had undertaken to provide fire insurance coverage for house that burned down and, thus, had assumed duty to exercise reasonable care when purchasing coverage
• reliance on assertion that insurance had been obtained
• adopting approach from Restatement (Second) of Torts § 323 (1965)
• elements of assumption of risk claim include causation

Source: CourtListener parenthetical corpus (CC0).