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People buy liability insurance to protect themselves against suits claiming negligence or other covered tort. Those policies are usually purchased through the efforts of an insurance agent or broker who transacts insurance on behalf of the person seeking insurance. Written contracts between the insured and the agent and broker are rare and, even when they exist, seldom discuss the duties of the agent and broker in the event of a loss or claim. The prospective insured and the agent or brokers, by tradition, believe they know what services the broker or agent will provide to the insured.

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