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LexisNexis® Mealey's™ Insurance Broker Liability Legal News
Headline Insurance Broker Liability Legal News from LexisNexis®

• Judge Finds Facts Issues Regarding State Law Claims Against Agent
  SAN FRANCISCO - Finding questions of fact as to claims of professional negligence, negligent misrepresentation and breach of fiduciary duty against an insurance agent regarding advice on maintaining a life insurance policy, a California federal judge on Sept. 15 denied the agent's motion for summary judgment (Aimee Shemano-Krupp v. Mutual of Omaha Insurance Co., No. 05-04693, N.D. Calif.; 2008 U.S. Dist. LEXIS 70097). Full story on lexis.com
• Panel Upholds Dismissal Of Breach Of Fiduciary Claim Against Broker
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 14 affirmed that an insured failed to state claims against an insurance broker for breach of fiduciary duty and negligent misrepresentation regarding the procurement of an insurance policy that was later rescinded (CBC Financial Inc. v. Apex Insurance Managers LLC, et al., No. 06-17269, 9th Cir.; 2008 U.S. App. LEXIS 17881). Full story on lexis.com
• Panel Vacates Ruling That Broker Not Liable For Failure To Procure
  NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 26 vacated and remanded a ruling that an insurance broker was not liable to insureds for failing to procure insurance and that an insurer has no duty to defend and indemnify the insureds in connection with a personal injury lawsuit (Fidelity and Guaranty Insurance Underwriters Inc. v. Jasam Realty Corp. and Crotona Properties Inc., et al., Nos. 06-4738 & 06-4741, 2nd Cir.; 2008 U.S. App. LEXIS 18328). Full story on lexis.com
• Judge Declines Motion To Strike Claims Against Insurance Agency, Agent
  HARTFORD, Conn. - A Connecticut Superior Court judge on Aug. 9 refused to strike a third-party complaint against an insurance agency and its insurance agent regarding their duty to list a general contractor as an insured under a homeowners insurance policy (Cambridge Mutual Fire Insurance Co. v. Gilles Michaud, et al., No. CV-07-4032988-S, Conn. Super.; 2008 Conn. Super. LEXIS 2004). Full story on lexis.com
• Panel Finds Negligence Claims Against Agency, Agent Perempted
  NEW ORLEANS - Upholding summary judgment in favor of an insurance agency and its insurance agent, a Louisiana appeals court found Sept. 10 that claims of negligence in failing to advise about flood insurance are perempted pursuant to Louisiana Revised Statute Section 9:5606 (Burk Property Investments LLC v. Alliance Insurance Agency Services Inc., et al., No. 2008-CA-0489, La. App., 4th Cir.; 2008 La. App. LEXIS 1192). Full story on lexis.com
• Questions Exist Over Claims Against Agent, Federal Judge Rules
  DALLAS - Fact issues exist as to whether an insurance agent made misrepresentations and acted in fraud and negligence in the procurement of insurance, a Texas federal judge held Aug. 6; however, he ruled that an insured as assignee of an insurer's claims cannot pursue claims of contribution and indemnity against the agent (Noor Trading Inc. v. Asian American Nations Insurance Group Inc., No. 06-02022, N.D. Texas; 2008 U.S. Dist. LEXIS 59327). Full story on lexis.com
• Australia Judge: Agent Not Responsible For Any False Representations
  SYDNEY, Australia - An insured failed to establish that an insurance agent was responsible for any false representations that may have been made, an Australian federal judge held Aug. 21, also finding that there was no duty of care owed by the agent to the insured in relation to the safe keeping of goods at the insured's property ( Logic Group Tyres Pty Ltd. v. Tokio Marine & Nichido Fire Insurance Co. Ltd. and Mirabell Point Pty Ltd., No. 2008 FCA 1297, Australia Fed.). Full story on lexis.com
• Judge Remands Breach Of Contract, Negligence Lawsuit Against Agent
  JACKSON, Tenn. - Although a Tennessee federal judge on Sept. 16 found that an insurer and its insurance agent proved fraudulent joinder of the agent as to a breach of contract claim, he held that they failed to do so on claims of negligence and violation of the Tennessee Consumer Protection Act (TCPA) (Sainaam Inc. v. American National Property & Casualty Co., et al., No. 08-01149, W.D. Tenn.; 2008 U.S. Dist. LEXIS 70071). Full story on lexis.com
• Insurance Agency Appeals Finding Of Breach Of Contract
  LANSING, Mich. - On Sept. 10, an insurance agency and its insurance agent filed an application for leave to appeal to the Michigan Supreme Court a ruling by the state's appellate court that affirmed in part judgment on claims for breach of contract, recovery of insurance premiums and penalty interest (Zaremba Equipment Inc. v. Harco National Insurance Co. and Patrick Musall, No. 274745, Mich. App.; 2008 Mich. App. LEXIS 1584). Full story o