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Brokers and their fiduciary duties

As long as they secure the requested policy and point out its terms and conditions, they've done their job.

By Barry Zalma, Esq., CFE | Updated on January 26, 2016
Brokers fulfill their fiduciary duty when they secure the requested policy and point out its terms and conditions.

Insurance brokers can be found to have a fiduciary obligation to the insured, a duty greater than that of the average agent who needs only to get the insurance ordered. Such was the issue in Thomas v. Dion.

In this case, Neil Lansman contacted insurance agency Fetterman, Millinghausen & McNutt Inc. (FMM) to procure General Liability insurance on behalf of his general contractor company, Prestigious Homes Inc. (Prestigious), which was executed on Dec. 23, 2003. In this application, Prestigious answered questions affirming that it obtained certificates of insurance from any subcontractors used; required minimum limits of $1 million from subcontractors; did not use uninsured subcontractors; obtained written contracts that included a hold harmless clause in Prestigious’s favor from all its subcontractors; and would be listed as an additional insured under any subcontractors’ policies.

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