Insurers who find it necessary to sue an insurance agent for negligence, and the agent sued for negligence, should retain the services of an expert as soon as possible who can testify convincingly that the agent failed to act, or did in fact act, in conformance with the custom and practice of the industry. For want of an expert witness, Celina Mutual Insurance Co. lost its action against an insurance broker who decided to advise its insured to misrepresent a material fact about a prior fire loss. Had Celina known the truth, it would not have issued the policy.

The Kentucky Court of Appeals, in Celina Mutual Insurance Co. v. Harbor Insurance Agency LLC, No. 2009-CA-000790-MR (Ky. App. 07/16/2010) held that expert testimony was required to establish an insurance agent’s professional negligence.

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.


  • All news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including and

Already have an account?

Dig Deeper



Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join now!

  • Unlimited access to - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including, and
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2022 ALM Global, LLC. All Rights Reserved.