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

• Appeals Court Affirms Jury's Verdict On Breach Of Fiduciary Duty Claim
  CORPUS CHRISTI, Texas - A Texas appeals court on Nov. 25 upheld a jury's findings that an insurance agency breached its contract and breached its fiduciary duty to policyholders with regard to the procurement of marine insurance (English Marine Agency Inc. v. Border Shipyards Inc., et al., No. 13-07-149-CV, Texas App., 13th Dist.; 2008 Tex. App. LEXIS 8963). Full story on lexis.com
• Appeals Court: Former Employee Of Broker Breached Fiduciary Duty
  ATLANTA - By breaching an employee agreement, a former vice president of an insurance brokerage company breached his fiduciary duty to the company, a Georgia appeals panel ruled Dec. 2 (Hilb, Rogal & Hamilton Company of Atlanta Inc. v. William Holley and William Holley v. Hilb, Rogal & Hamilton Company of Atlanta Inc., Nos. A08A2156 and A08A2157, Ga. App.; 2008 Ga. App. LEXIS 1359). Full story on lexis.com
• 6th Circuit Will Rule On Dispute Over Breach Of Fiduciary Duty
  CINCINNATI - The Sixth Circuit U.S. Court of Appeals will settle a dispute over whether a lower court correctly refused to reopen an insured's case accusing insurance brokers of breaching their fiduciary duty (Anderson-Tully Co. v. Federal Insurance Co., et al., No. 08-5524, 6th Cir.). Full story on lexis.com
• Judge Dismisses Breach Of Fiduciary Duty Claim Against Agency, Agent
  JACKSON, Miss. - A Mississippi federal judge on Nov. 4 dismissed claims for breach of fiduciary duty and breach of contract against an insurance agency and its insurance agent based on their alleged failure to procure a life insurance policy before a claimant's sudden death (Richard Kiser Jr. v. Allstate Financial Group, et al., No. 08-00496, S.D. Miss.; 2008 U.S. Dist. LEXIS 89573). Full story on lexis.com
• Judge Dismisses Fraud, Breach Of Contract Claims Against Agencies, Agent
  SAN FRANCISCO - A federal judge in California on Nov. 7 granted a motion to dismiss allegations against insurance agencies and an insurance agent for fraud, breach of contract and intentional interference stemming from their administrative duties under life insurance policies issued to armed service members (Brad Lovesy and Pacific Consolidated Investments Inc. v. Armed Forces Benefit Association, et al., No. 07-02745, N.D. Calif.; 2008 U.S. Dist. LEXIS 93479). Full story on lexis.com
• Jury Says Aon To Pay $23.9M To Insurer For Lost Reinsurance, Costs
  PHILADELPHIA - A Pennsylvania federal jury on Dec. 4 found that Aon Ltd. must reimburse insurers $23.9 million, a total that represents the amount of reinsurance lost and the expenses the insurer expended as a result of an arbitration hearing with one of its reinsurers (United National Insurance Co., et al. v. Aon Ltd., No. 04-00539, E.D. Pa.; See November 2008, Page 12). Full story on lexis.com
• Judge Grants, Denies In Part Judgment On Claims Against Agents
  SIOUX FALLS, S.D. - Although a South Dakota federal judge granted summary judgment to insurance agents with regard to claims for fraud and deceit, she denied judgment to them on Nov. 11 as to allegations of negligent misrepresentation and negligent procurement (Perle O'Daniel v. Stroud NA and Judy Roosa, No. 05-05089, D. S.D.; 2008 U.S. Dist. LEXIS 99653; See January 2008, Page 17). Full story on lexis.com
• Agency Breached Duty To Procure Coverage, Ohio Panel Concludes
  CHILLICOTHE, Ohio - An insurance agency breached its duty to provide uninsured and underinsured motorists (UM/UIM) coverage for an insured, an Ohio appeals panel held Nov. 10, reversing in part a trial court's decision granting summary judgment to the agency on a negligent procurement claim (Walter Robson, et al. v. Quentin E. Cadd Agency, et al., No. 07CA26, Ohio App., 4th Dist.; 2008 Ohio App. LEXIS 4971). Full story on lexis.com
• Breach Of Contract Claim Against Broker Fails, Judge Reasons
  FRESNO, Calif. - Granting an insurance broker's motion for judgment on the pleadings or summary judgment, a California federal judge determined Dec. 3 that allegations of breach of the implied covenant of good faith and fair dealing and breach of contract fail (U.S. Fidelity & Guaranty Co. v. Lee Investments LLC, et al., No. 99-05583, E.D. Calif.; 2008 U.S. Dist. LEXIS 100429; See April 2008, Page 11). Full story on lexis.com
• 8th Circuit To Rule On Extent Of Agency's Duty On Damage Calcu