Novel ways of delivering insurance to the public are sometimes termed "disruptors," though "game changers" might be more apt. What happens when something goes wrong? It's a premise all insurance is based upon, but when the consumer is in the pilot's seat, who takes the blame for the crash?

Duty? What duty?

Each new insurance delivery method puts its own twist on the eternal question facing insurance brokers: When do I cross the line from being an order-taker, meeting the customers' stated needs, and become an advisor, bearing a responsibility to recommend coverages that the customer needs, but hasn't requested?

In traditional brokerage settings, courts generally imply a duty to advise if the broker has worked with the customer for several years and the customer has always accepted the broker's recommendations, sometimes termed a "special relationship."

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