California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Agent/Broker

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Insurance Agents May Be the Key to Insurer Liability

Posted in Agent/Broker
The Thursday November 1, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon and Reid Winthrop’s front-page article entitled:  “Insurance Agents Key to Insurer Liability.”  In it, Mr. McKennon and Mr. Winthrop discuss how agents can be the key to rendering insurers liable for policy coverage.  The article discusses the difference between “brokers” … Continue Reading

New California Law Requires That Insurers and Agents Verify that an Annuity is Suitable for the Consumer

Posted in Agent/Broker, Annuities, Insurance Commissioner, Legislation
California Governor Jerry Brown recently signed a new law that will provide increased protection to seniors and other consumers who are interested in purchasing an annuity.  AB 689, which was sponsored by the California Department of Insurance and authored by Assembly Budget Committee Chair Bob Blumenfield (D-San Fernando Valley), requires that insurers verify that an … Continue Reading

Insurance Brokers/Agents and Their Customers: Not the Relationship You Might Have Expected

Posted in Agent/Broker, Case Updates
Do insurance brokers owe fiduciary duties to their clients?  Under California law, until recently, this was an open question.  Most attorneys, especially those representing policyholders, included a breach of fiduciary duty cause of action when suing an insurance broker/agent in actions that involve broker/agent malpractice.  And, some include these claims when suing a broker/agent and … Continue Reading

Excess Insurer v. Agent – No Right of Equitable Subrogation Under California Law

Posted in Agent/Broker, Excess Insurance, General Liablity
Delving into the sometimes arcane metes and bounds between insurers’ rights of equitable subrogation and equitable contribution, a California appellate court recently denied an excess insurer’s right to bring an equitable subrogation action against its insured’s agent for failing to renew another excess insurer’s policy that would have covered the same underlying bodily injury risk.  … Continue Reading