In the first part of this article, we considered someof the promises independent agents and brokers make, eitherimplicitly by claiming "independence" or explicitly in onlinecredos.

Plaintiffs' counsel in agent and broker E&O cases askpointed questions about claims of independence. Was a policy placedwith the insurer in question because it offered a higher commissionif the agent or broker generated a certain volume of business? Whatefforts did the agent or broker make to tailor standard policyforms to meet the insured's specific needs? When they ask questionslike these, they're doing their due diligence. We need your help todo ours.

Don't play with fireworks

Agents and brokers can avoid E&O claims by following thestandards they've held out to the public, plus those imposed byapplicable insurance laws and regulations, and by documenting intheir files the steps they took to meet those standards.

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