Law of Commercial Insurance Agents and Brokers

Britton D. Weimer, Andrew F. Whitman, Clarance E. Hagglund

Binder/Looseleaf

Last Updated: 6/6/2008

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Description

Commercial insurance agents and brokers are increasingly included in coverage litigation as back-up defendants in case no coverage is found under the policy as written. Commercial policyholders assert a wide range of tort and contract claims against the agents and brokers, such as failure to follow coverage instructions. This book provides a detailed analysis of these claims, along with the defenses available to the agents and brokers. It also examines in detail principal-agent claims and fiduciary-duty claims against insurance brokers who allegedly failed to disclose commissions from insurers and other conflicts of interest to policyholders.

Features

Includes sample discovery to be used in indemnity litigation between agents and insurers
Provides a thorough and focused analysis of the legal issues that actually arise in agent/broker litigation
Enables attorneys practicing in coverage litigation to handle agent/broker issues that are increasingly intruding into ordinary coverage litigation
Offers analysis of coverage issues agents and brokers encounter, including coverages and exclusions under error and omissions policies
Includes detailed analysis of the Spitzer-type fiduciary-duty claims being asserted against insurance brokers for nondisclosure of commissions
Provides sample contracts, including general agency contracts and broker service agreements, with analysis

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Table of Contents (PDF) »