Law of Commercial Insurance Agents and Brokers

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Law of Commercial Insurance Agents and Brokers provides a detailed analysis of claims brought against commercial insurance agents and brokers, along with the defenses available to them. In cases where no coverage is found under the policy as written, commercial insurance agents and brokers are increasingly being included in litigation. Commercial policyholders assert a wide range of tort and contract claims against agents and brokers, such as failure to follow coverage instructions.

This title examines conflicts of interest to policyholders. It also includes:

Detailed analysis of the Spitzer-type fiduciary-duty claims being asserted against insurance brokers for nondisclosure of commissions
Sample contracts with analysis, including general agency contracts and broker service agreements
Sample discovery to be used in indemnity litigation between agents and insurers
Issues agents and brokers encounter, including coverages and exclusions under error and omissions policies

Summary of contents

Chapter
1. Policy Formation, Modification and Termination
2. Negligence Claims By Insureds
3. Other Claims By Insureds
4. Indemnity Claims Between Agents and Insurers
5. Broker Liability
6. General Agents
7. The Life Insurance Agent and Broker
8. Marketing Systems, Codes of Ethics, Professional Designations and Legal Duties
9. Future Trends: Information Technology
10. Agents and Brokers in Surplus Lines Markets
11. Reinsurance Intermediaries
12. Insurance Coverage for Agents and Brokers
Table of Laws and Rules
Table of Cases
Index