An insurance broker transacts insurance with, but not on behalf of an insurer while an agent transacts insurance with and on behalf of both the insurer and the insured. Disputes often arise over whether an the person transacting insurance for an insured is acting only for the insured or is involved in a dual agency and acting for both.

In Estate of Morse ex rel. Morse v. Titan Ins. Co., Not Reported in N.W.2d, 2014 WL 3971438 (Mich.App., 8/14/2014) a Michigan appellate court was asked to determine the capacity of Adrian Insurance Agency when it obtained automobile insurance for Charlotte Morse with Titan Insurance Co. The trial court determined Adrian was an agent of Titan and reformed a policy to place it in effect at the time Morse was injured rather than the date stated on the policy.

On Nov. 19, 2004, Morse went to Adrian to insure a 1996 Ford Taurus, a vehicle that she owned but was not insured, as it was an "extra" vehicle. Morse planned to drive this vehicle because her primary vehicle needed repairs. She obtained insurance for the Taurus under a Titan policy and paid the premium for six months of full coverage on the Taurus on Nov. 19, 2004. The Adrian agent, however, prepared the application for insurance with an effective policy date of Nov. 25, 2004. Titan, in turn, issued a policy to become effective on the date requested by Adrian.