Cited by

B. ¶17 “An insurance agent owes a duty to the insured to exercise reasonable care, skill and diligence in carrying out the agent’s duties in procuring insurance.” Darner Motor Sales, (quoting Quality Furniture, (Haw.

L. Inst., Tentative Draft No. 2, 2022) (“Restatement § 3”) does not provide for this result.

ave the fair market value of the burdened property credited against the amount owed on the note); Wagenseller, 147 Ariz. at 381 (“Firing for bad cause—one against public policy articulated by constitutional, statutory, or decisional law—is not a right inherent in the at-will contract, or in any other contract, even if expressly provided.”); Darner Motor Sales, –91 (1984) (stating courts will not enforce a standardized insurance contract term when the insurer has reason to believe that the insure

Servs., Inc. v. 407417 B.C., L.L.C., ¶ 12 (App. 2006), in special types of contracts, we do not enforce “unknown terms which are beyond the range of reasonable expectation,” Darner Motor Sales, (quoting Restatement (Second) of Contracts § 211 cmt.

Co., and then citing Restatement (Second) of Contracts § 211 (1981)).

Co., ) (explaining that courts should look to “surrounding circumstances, including negotiation, prior understandings, subsequent conduct and the like .

Co., (adopting Restatement (Second) of Contracts § 211, which sets forth the reasonable expectations rule).

Co., , 392-93, , 397-98 (1984).

389, , 394 (1984) (recognizing that "reasonable expectations" are those "induced by the making of a promise" (quoting 1 Arthur L. Corbin, Corbin on Contracts § 1, at 2 (1963) ) ).

Indeed, the exclusion is titled “Contractual Liability.” Cf. Darner Motor Sales, (recognizing that “reasonable expectations” are those “induced by the making of a promise” (quoting 1 Arthur L. Corbin, Corbin on Contracts § 1, at 2 (1963))).

Co., –94 (1984), the Laufers next argue the "doctrine of reasonable expectations" barred Starr from denying their claim for underinsured motorist coverage under the excess policy.

Co., see also Webb, 217 Ariz. at 367, ¶ 20, 174 P.3d at 279 (citations omitted) (acknowledging the Darner standard); Sw.

Co., (“Evidence on surrounding circumstances, including negotiation, prior understandings, subsequent conduct and the like, .

Relying on Darner Motor Sales, the court reaffirmed that insurance agents owe their clients a common law duty of reasonable care.

Co., , (quoting Restatement (Second) of Contracts § 211 (1981)).

Co., , (quoting Quality Furniture v. Hay, 61 Haw.

Co., , our supreme court adopted the doctrine of reasonable expectations, which allows enforcement of standardized contracts even when the consumer has not read the agreement or specifically assented to each of the terms.

Co., , (noting that when interpreting contracts, “|o]nly those reasonable expectations which are induced by the words or conduct of the parties should be considered”).