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

March 2016
Peter J. Biging

Peter J. Biging, a partner in Goldberg Segalla’s Professional Liability Practice Group, continues his annual review for the Professional Liability Underwriting Society (PLUS) of some of the more significant decisions in 2015 touching upon agent/broker liability.

Here in Part II, Peter discusses cases concerning the determination of when a fiduciary relationship may be deemed to have arisen as between the agent/broker and its customer; the scope of the “duty” to procure”; the valid assignment of agent/broker malpractice claims to others; the continuing applicability of the “duty to read” as a defense to misrepresentation claims; and the continuing viability of the economic loss doctrine, at least in certain jurisdictions, as a defense to agent/broker professional negligence claims.

Read the article here: