Court of Appeals Alters Existing Landscape of Insurance-Agent Liability: Duty Expanded to Include Providing Accurate Information in Insurance Application

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Court of Appeals Alters Existing Landscape of Insurance-Agent Liability: Duty Expanded to Include Providing Accurate Information in Insurance Application
Michigan courts have long held that an insurance agent is simply an order taker. Pursuant to Harts v Farmers Insurance Exchange, an insurance agent’s job is to present an insurer’s product and take an insured’s order. Absent a special relationship, an insurance agent owes no duty to advise an insured of the adequacy of coverage....
No Relationship, No Duty: New Developments in Third-Party Liability for Insurance Agents
An insurance agent is essentially an “order taker.” Under well-established law in Michigan, an insurance agent owes no duty to advise an individual seeking insurance about the adequacy of coverage absent a special relationship, which arises only in limited circumstances (e.g., a special relationship may arise when an insurance agent misrepresents the nature or extent...
Three’s Company…or a Crowd?
When an insurer hires defense counsel to represent an insured, a “tripartite relationship” is born. In some jurisdictions, courts consider both the insured and the insurer to be clients. In other jurisdictions, courts consider the insured to be the primary client but recognize, nevertheless, that defense counsel also owes some secondary duty to the insurer....
The Michigan Court of Appeals Provides Clarity for Independent Insurance Agents
Consumers who conclude that they’re underinsured often blame their insurance agents. They file lawsuits in which they blame their insurance agents for failing to advise them to, for example, purchase a policy for their boat or purchase a more comprehensive policy for their car. The central question in these lawsuits concerns the scope of insurance...
Not So Fast: Insurance Transactions Are Generally Exempt Under the Michigan Consumer Protection Act
The Legislature created the Michigan Consumer Protection Act to identify and prevent unfair trade practices in consumer transactions. The Act identifies over 37 types of conduct that are defined as “unfair” and “deceptive” when committed in the course of transactions for personal, family, or household services, among others. MCPA violations have been assessed against a...
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