When there is a claim that exceeds the limits of coverage purchased, the insured often seeks to blame the insurer and the insurance agent for not forcing him to buy more coverage. Such was the situation in Tornado Technologies Inc. v. Quality Control Inspection Inc., et al., 2012 Ohio- 3451 (Ohio App. Dist.8 08/02/2012), in which the Ohio Court of Appeal was asked to hold an agent responsible because there was insufficient limits to cover its loss.

Quality Control Inspection (QCI) appealed the trial court’s decision granting summary judgment in favor of appellees Fitzgibbons, Arnold & Co. Agency. and Clark Fitzgibbons (FAC).

Rick Capone  founded QCI in 1985 as a construction inspection firm, which provides engineering and architectural support services for governments and private contractors on construction projects. Clark Fitzgibbons and Dick Arnold  formed FAC in 1991 as an independent insurance agency. FAC arranges personal and commercial lines of coverage, as well as bonds, health and benefits coverage.

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