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Indiana court considers when insurance agents and brokers have an additional duty of care to counsel clients.
Can agents and brokers be liable to strangers, that is, people and businesses with whom they have no relationship at all, who never paid a premium on a policy they placed, and to whom they made no promises and had no communications? Can there be a duty without any relationship,...
Insurance professionals spend time looking for ways to avoid errors and omissions exposures. They are careful to hire the right people, provide training and put management systems in place to ensure quality work. But a few overlook what is perhaps the most obvious avoidance mechanism: not taking on someone else's...
The best defense is the one you never need. The second-best defense is the one someone else pays.
For insurance agents and brokers, the customer relationship is the lifeblood of the business, the quality that keeps policyholders coming back year after policy year. But the dividing line between order taker and trusted advisor can be blurry, especially when viewed through a lawsuit.
Voss v. Netherlands Insurance squarely tackles the issue of "special relationships."
Along the continuum of ethical duties to customers, insurance professionals fall somewhere between the extremes of complete stranger and conservator. It is both a sliding scale and a slippery slope, especially when courts struggle with the decision whether to apply the broker's duty as a fiduciary one.
Consumers of mass-produced products are accustomed to seeing guidance on packaging and instruction manuals. But where are the users guides to insurance policies?
One size does not fit alltrue when applied to shoes and also to insurance policies. We know that clients come in all shapes and sizes, but agents may neglect accounting for clients different personality types.
Agents for insurance companies may not be secret ones, but insurance and secret agents both take names and issue numbers. Policy numbers.
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Can there be a duty without any relationship,...", "body": null }, { "uri": "/2015/01/01/buying-trouble/", "title": "Buying Trouble", "byline": "Louie Castoria", "kicker": "", "prettyDate": "January 01, 2015", "timeToRead": "5 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [], "summary": "Insurance professionals spend time looking for ways to avoid errors and omissions exposures. They are careful to hire the right people, provide training and put management systems in place to ensure quality work. But a few overlook what is perhaps the most obvious avoidance mechanism: not taking on someone else's...", "body": null }, { "uri": "/2014/12/11/no-1-way-to-avoid-eo-claims-avoid-buying-them/", "title": "No. 1 way to avoid E&O claims? Avoid buying them", "byline": " Louie Castoria ", "kicker": "News", "prettyDate": "December 11, 2014", "timeToRead": "5 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [ { "uri": "/news/", "sectionName": "News" } ], "summary": "The best defense is the one you never need. The second-best defense is the one someone else pays.", "body": null }, { "uri": "/2014/10/01/relationship-wrangles/", "title": "Relationship Wrangles", "byline": "Louie Castoria", "kicker": "", "prettyDate": "October 01, 2014", "timeToRead": "3 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [], "summary": "For insurance agents and brokers, the customer relationship is the lifeblood of the business, the quality that keeps policyholders coming back year after policy year. But the dividing line between order taker and trusted advisor can be blurry, especially when viewed through a lawsuit.", "body": null }, { "uri": "/2014/09/03/client-relationships-the-good-the-bad-and-the-wors/", "title": "Client relationships: the good, the bad, and the worse", "byline": " Louie Castoria ", "kicker": "News", "prettyDate": "September 03, 2014", "timeToRead": "7 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [ { "uri": "/news/", "sectionName": "News" } ], "summary": "Voss v. Netherlands Insurance squarely tackles the issue of "special relationships."", "body": null }, { "uri": "/2014/07/01/fiduciary-in-limbo/", "title": "Fiduciary in Limbo", "byline": "Louie Castoria", "kicker": "", "prettyDate": "July 01, 2014", "timeToRead": "4 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [], "summary": "Along the continuum of ethical duties to customers, insurance professionals fall somewhere between the extremes of complete stranger and conservator. It is both a sliding scale and a slippery slope, especially when courts struggle with the decision whether to apply the broker's duty as a fiduciary one.", "body": null }, { "uri": "/2014/04/01/check-the-manual/", "title": "Check the Manual", "byline": "Louie Castoria", "kicker": "", "prettyDate": "April 01, 2014", "timeToRead": "3 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [], "summary": "Consumers of mass-produced products are accustomed to seeing guidance on packaging and instruction manuals. But where are the users guides to insurance policies?", "body": null }, { "uri": "/2014/01/01/respond-to-personality-traits-reduce-eo-claims/", "title": "Respond to Personality Traits, Reduce E&O Claims", "byline": "Louie Castoria", "kicker": "", "prettyDate": "January 01, 2014", "timeToRead": "3 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [], "summary": "One size does not fit alltrue when applied to shoes and also to insurance policies. We know that clients come in all shapes and sizes, but agents may neglect accounting for clients different personality types.", "body": null }, { "uri": "/2013/08/31/license-to-bill/", "title": "License To Bill", "byline": "Louie Castoria", "kicker": "Market Insights", "prettyDate": "August 31, 2013", "timeToRead": "8 minute", "image": { "uri": "", "width": "", "height": "" }, "authors": [ { "webUrl": "/author/profile/louie-castoria/", "name": "Louie Castoria" } ], "kickerNode": [ { "uri": "/market-insights/", "sectionName": "Market Insights" } ], "summary": "Agents for insurance companies may not be secret ones, but insurance and secret agents both take names and issue numbers. Policy numbers.", "body": null } ] } }
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