a. Why did the trial court decide that the insurance policy protected Curle and the partnership, but not Shelley?
b. Is it fair to hold Curle liable when he did not know the policy had been canceled?
c. Curle clearly would have been liable if Shelley had canceled the policy before the partnership was in the winding up process. Why should winding up make any difference?
d. Why is the liability of the partners the same?
e. Whose negligence harmed Whitsett, the painter?
f. Is it fair to hold Shelley liable when he did not know Curle had left the whole uncovered?
Steven Shelley and Michael Curle were partners in a roofing business. During the process of winding up, Shelley canceled the partnership's general liability insurance policy without telling Curle. While finishing a project, Curle left a hole in a roof, covering it only with tar paper. A painter, Dennis Whitsett, fell through the hole. When he sought to recover from the partnership for his serious injuries, Curle and Shelley asked the insurance company to pay the claim. The trial court found that the policy did not cover Shelley, but did cover Curle and the partnership. Jefferson Insurance appealed.