Background: Mark Carriere de Davide filed a negligence lawsuit against Westland Insurance Group Ltd., accusing them of not adequately advising him on increasing his underinsured motorist protection (UMP) from $1 million (Basic UMP) to $2 million (Excess UMP) for an extra $25. After a car accident involving an underinsured motorist left him seriously injured, he claimed he received less compensation than his losses warranted due to this oversight.

Legal Arguments/Issues: De Davide contended that Westland, through its agent, failed to offer or explain Excess UMP's benefits, which would have provided adequate coverage for his accident losses. Westland argued their standard practice was to offer and explain Excess UMP, as shown by transaction records and the agent's routine, which de Davide had declined.

Held: The court sided with Westland Insurance Group Ltd., finding no breach of duty in the advice provided to de Davide. Evidence suggested that Westland’s agent had likely adhered to standard practices in offering and explaining Excess UMP, which de Davide chose to decline. He had also initialed the insurance contract confirming his decision to decline the Excess UMP.

Costs/Award: De Davide's claim was dismissed with no award of damages granted. The court did not specify the total amount of costs.