Case analysis: Do agents owe a duty to the general public?

Insurance agents owe a duty to their customers to obtain the insurance and the coverage limits the customer requests. But when someone is hurt by the actions of the insured, can that person, who is not a party to the contract between the insured and the carrier, sue the agent because there wasn’t enough insurance coverage to pay for the damages incurred? That was the question in a recent Ohio case that considered the issue of third-party recovery.

A criminally negligent dump truck driver caused an auto accident in which Lisa Emahiser was killed and her son injured. As claims were pursued, it soon became apparent that the driver’s employer, the dump truck company, maintained inadequate commercial carrier insurance coverage under federal and state regulations. In Emahiser v. Complete Coverage Ins. LLP, the U.S. District Court for the Northern District of Ohio was asked to decide whether the estate of the deceased woman could sue the insurance agency that obtained the company’s insurance policy for failing to obtain the correct amount of coverage.