Insurance brokers transact insurance with, but not on behalf of, an insurer. An insurance agent transacts insurance with and on behalf of an insurer. Sometimes a broker also can be an agent with the right and obligation to report claims to the insurer. Insurance professionals must convey the information to the insurer and never, unless authorized by contract with the insurer, give claims advice.
In Florida, Frank Gay and Frank Gay Plumbing Inc. appealed an order entering final summary judgment against them in favor of Assn. Casualty Insurance Co., which found there was no uninsured motorist coverage available to Gay under the policy he had with the Association in Frank Gay and Frank Gay Plumbing Inc. v. Association Casualty Insurance Co., et al, No. 5D10-1906 (Fla.App. 09/21/2012) because he settled with the underinsured motorist before giving notice to the Association.
In August 2005, Gay was involved in an accident with an underinsured motorist while Gay was driving a vehicle owned by his company, Frank Gay Plumbing, which maintained a policy with the Association for uninsured motorist coverage. Gay purchased this coverage through Burkey Risk Services Inc., an insurance agent and broker.
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