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Mich. case a reminder that brokers aren't agents of the insurer

When an agent goofs on a policy effective date, is the insurer liable?

By Barry Zalma, Esq., CFE | Updated on October 03, 2014

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.

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