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“Developments in Insurance Agent/Broker Professional Liability 2015: The Year in Review, Part I,” PLUS Journal

February 2016
Peter J. Biging

“In the latter part of 2013, and in 2014, enormously significant decisions in Indiana, Florida, and New York were issued which dramatically altered the landscape—now and going forward—with respect to how courts will consider claims asserting the existence of a ‘duty to advise’ based on allegations of facts purporting to evidence a ‘special relationship,’” writes Peter J. Biging, a partner in Goldberg Segalla’s Professional Liability Practice Group.

“While the year 2015 was arguably not nearly so dynamic, there were still a number of rulings of interest.”

In Part I of his annual recap of noteworthy agent/broker liability cases for the journal of the Professional Liability Underwriting Society (PLUS), Peter explores cases touching upon the increasing efforts by third parties to the agent/broker-client relationship to pursue claims against the agent/broker when it turns out that insufficient insurance was purchased or is available to cover their injuries/claims, along with several interesting decisions that provide further explication as to when a duty to advise regarding coverage can arise.

Read the article here: