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The issue of just how independent an agent may be often looms large in a lawsuit. (Photo: Shutterstock)

In the first part of this article, we considered some of the promises independent agents and brokers make, either implicitly by claiming “independence” or explicitly in online credos.

Plaintiffs’ counsel in agent and broker E&O cases ask pointed questions about claims of independence. Was a policy placed with the insurer in question because it offered a higher commission if the agent or broker generated a certain volume of business? What efforts did the agent or broker make to tailor standard policy forms to meet the insured’s specific needs? When they ask questions like these, they’re doing their due diligence. We need your help to do ours.

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