As I've previously written in this column, insurance brokers are most frequently sued when an insured experiences an uncovered claim. In those instances, an insured will typically allege the broker failed to recommend additional coverages to the insured, failed to advise the insured of a particular exclusion in the policy, or failed to explain what insurance was in effect. Authors of this column have previously explained the various duties an agent, broker or producer may have to the insured under various circumstances. But we haven't addressed what duties the insured might have. In the face of an E&O claim, it is logical for the broker to respond by contending the insured should have reviewed the policy the broker did place. After all, the policy is the instrument which specifically defines what coverage the insured does and does not have. But can this defense be asserted with success?
Sometimes Yes
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