Tag Archives: Agents legal liability

Are you aware of the legal standard you will be held to?

In Agents E&O, the basic premise in determining “fault” is built on negligence. In other words, the agency would need to be found negligent in performing their duties. Over the years, the various court decisions have largely shaped this doctrine … Continue reading

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Matching coverage – why this is not the best approach

Probably more often than not, when new potential customers discuss their insurance program with an agent, they request that the agent essentially “match the coverage that they have”. One of the many fallacies with this approach is the prospect probably … Continue reading

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Broker of Record issues

The insurance industry has been dealing with Broker of Record situations since the beginning of time. Unfortunately, it has also been dealing with E&O claims from Broker of Record situations since the beginning of time. Taking over an account via … Continue reading

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Just because a relationship is long does not make it “special”

In the world of Agents E&O, there is the potential for courts to impose different levels of legal liability standards in a litigation matter. In the overwhelming majority of E&O cases, the agent “has no duty to advise as a … Continue reading

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What makes a “special relationship” not so special?

In the world of Agents E&O, over the last number of years, there has been a fair amount written and discussed on the issue of a “Special Relationship”. While on the surface, this sounds like something that an agency would … Continue reading

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Agent Liability Limited by Indiana Court, Expanded in New York

The following is an excerpt of an excellent article authored by Burke Coleman of Demotech Inc. that appeared on www.claimsjournal.com on May 7th. “Policyholders rely on their insurance agents to acquire insurance coverage. Generally an agent has a duty to … Continue reading

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