In the second installment of his two-part article written for the Professional Liability Underwriting Society’s PLUS Journal, Goldberg Segalla partner Peter J. Biging digs deeper into the significant court decisions from 2013 impacting E&O liability for insurance agents and brokers.
Part 1, published in April 2014, discussed important decisions concerning claims based on alleged “failure to advise,” “failure to procure,” and the interplay of the “duty to read” owed by insureds.
In Part 2, Peter explores a number of decisions concerning “causation” defense arguments; some creative claims and defenses, and how the courts dealt with them; the existence of a fiduciary duty; the economic loss rule; and other issues. The article provides analysis focused on what this all means for agents and brokers, and what they (and lawyers who represent them) should do to respond going forward.
Peter J. Biging, “Insurance Agent and Broker E&O 2013: The Year in Review, Part 2,” PLUS Journal, Vol. XXVII, No. 5, May 2014