Insurance agents and brokers are invariably sued by insureds who have a loss not covered by the policy. With the advantage of 20/20 hindsight, and the motivation of a large out-of pocket loss, the insured will
Failure to communicate costs broker $7.8 millionInsurance agents and brokers must be careful in making promises, especially to multiple-party insureds. Failure to accurately communicate with
Failure to communicate costs broker $7.8 millionInsurance agents and brokers must be careful in making promises, especially to multiple-party insureds. ...
Rash claim decision costs agent $12.6 million Insurance agents and brokers should never make a claims decision. Claims handling is the duty of the insurer's claims staff. When a claim
Agency contract payments are ordinary incomeInsurance agents enter into contracts that allow for payments of commissions on renewals after the contract is terminated. Agents believe they own
Arizona high court decision means more litigation against agentsBecause malpractice claims are personal, courts will usually not allow them to be assigned to a third party. The Supreme Court of Arizona decided that the general rule does not apply to
An extreme (and unsuccessful) effort to contort policy languageAlthough courts are often willing to rule, on slim or nebulous arguments, against insurers and in favor of insureds, the following decision of the District Court for the Eastern District
Ordinarily, agents can't become fiduciaries without their consentThe Ohio Court of Appeals, at the end of last year, handed down a decision important to every agent and broker, especially those doing business in Ohio. Insureds whose coverage does not
In their ordinary business relationships with clients, agents are not fiduciariesThe Ohio Court of Appeal recently provided some comfort to insurance agents and brokers regarding their responsibilities to clients with whom they have ordinary business