N.C.P.I.—Civil 870.00

The (state number) issue reads:

"Did the plaintiff suffer loss as a result of the defendant's negligent

failure to procure insurance for the plaintiff?"

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, three

things:

First, that the defendant [agent] [broker] undertook to procure

insurance against a designated risk for the plaintiff.

Second, that the defendant failed to [use reasonable care to

procure the requested insurance] [give timely notice to the plaintiff that

he was unable to procure the requested insurance].

And Third, that the plaintiff suffered loss as a proximate result of

the defendant's failure to procure the requested insurance.2

When an insurance [agent] [broker] undertakes to procure

insurance for a customer to afford protection against a designated risk,

the law imposes upon the [broker] [agent] a duty to use reasonable care

to procure such insurance.3 If the [agent] [broker] is unable to procure

the insurance he has undertaken to obtain, then he has a duty to give

timely notice to his customer, the proposed insured, so that the customer

may secure the insurance elsewhere or take other steps to protect his

interests.4

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find, by the greater weight of the evidence,

that the defendant [agent] [broker] undertook to procure insurance

against a designated risk for the plaintiff, and that the defendant failed

to [use reasonable care to procure such insurance] [give timely notice to

the plaintiff that he was unable to procure the requested insurance]; and

that the plaintiff suffered loss as a proximate result of the defendant's

failure to procure insurance for him, then it would be your duty to answer

this issue “Yes” in favor of the plaintiff. If, on the other hand, you fail to

so find, then it would be your duty to answer this issue “No” in favor of

the defendant.