Nowlon v. Koram Ins. Center, Inc

In Nowlon v. Koram Ins. Center, Inc. (1991) 1 Cal.App.4th 1437, the plaintiff suffered injuries in a slip and fall allegedly caused by the negligent acts of a cleaning company. The cleaning company filed for bankruptcy. The cleaning company's insurer became insolvent, and plaintiff learned that the insurer was not authorized to transact business in California and therefore was not a member of the California Insurance Guarantee Association (CIGA), an organization that guarantees the obligations of insolvent insurers operating in California. The plaintiff sued Koram Insurance Center, Inc. (Koram), which had brokered the insurance policy to the cleaning company. Justice Boren, then a member of Division Five of this district, authored an opinion that reversed a judgment of dismissal based on the trial court's sustaining of demurrers to the complaint without leave to amend. The court concluded the plaintiff should have been allowed an opportunity to amend the complaint because he was a member of a class of potential victims to whom Koram owed a duty under provisions of the Insurance Code and Penal Code, which generally required brokers to procure insurance from companies with CIGA membership or that posted bond to protect the insured.