Driver found to have right of action under policy issued to brother-in-lawIn November 1999, a woman sought to buy a 1996 "Chevrolet Cavalier." Being a student with inadequate credit, she was unable to purchase the car without the help of her
An insurance agent or broker is obligated to immediately advise the insurer of a suit served upon its insured. The insured is, similarly, obligated to advise the agent or the insurer, immediately upon being served.
Although most agents and brokers understand that their duties and obligations to an insured are limited, and they do not generally have a duty to volunteer to an insured that the client should procure additional or different insurance coverage.
The duty to defend is always broader than the duty to indemnify. California case law, and that of most states, requires that the insurer provide a defense if there is "potential" that coverage applies.
The agent or broker who lies to a potential insured risks E&O claims for fraud or negligent misrepresentation. Read about Turner v. Milliman for more insight.