Broker Owes no duty to a Third Party

0
5K

Insurance Broker is Only Required to Acquire the Policy Ordered by the Named Insured

Read the full article at https://www.linkedin.com/pulse/broker-owes-duty-third-party-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3850 posts.

The Ohio Court of Appeal was asked to determine whether an insurance broker owes a duty of care to investigate and ultimately protect a third-party lienholder’s interest in a property despite the customer’s specific instructions otherwise. In S.L. & M.B., L.L.C., et al. v. United Agencies, Inc., et al., 2021-Ohio-2780, No. 109540, Court of Appeals of Ohio, Eighth District, Cuyahoga (August 12, 2021) the court was asked to find such a duty.

ZALMA OPINION

Insurance brokers are required by law to transact insurance with, but not on behalf of, insurance companies. In this case the insured ordered insurance in its name alone and instructed the broker – based on the advice of the insured’s lawyer – to name no loss payees. After the fire the named insured collected and the lien holder received nothing to protect its interest. The lienholder failed to protect itself and then sued the named insured’s broker, without any relationship with the insurer, for the benefits it believed it was entitled to receive. This case teaches that a lienholder should carefully establish that its interest is protected and demand copies of the policies to prove it existed or obtain a separate policy of insurance to protect its interest.

Patrocinado

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Pesquisar
Categorias
Leia Mais
Outro
No Coverage to Repair or Replace Construction Defects
No Coverage to Repair or Replace Construction Defects Construction Defects, Standing...
Por Barry Zalma 2024-08-21 13:05:36 0 1K
Outro
Never Forum Shop
Seeking the Same Remedy Against the Same Parties in a Different Jurisdiction is Improper Read the...
Por Barry Zalma 2021-11-18 13:30:43 0 4K
Politics
Biden’s cancer charity raked in millions but spent NOTHING on medical research, tax filings show
A cancer charity created by presumed president-elect Joe Biden failed to allocate a single dollar...
Por Meme King 2020-11-15 14:39:58 1 8K
Politics
The de facto PM that wants to be re-elected treats China better than Canada it appears.
This author earlier posted the story of how the Trudy government (of the location they call...
Por Scarecrow III 2021-01-26 21:53:41 0 4K
Outro
Insurers Act to Defeat Fraud
Insurers Act to Defeat Fraud GEICO Continues it Proactive Actions Against Insurance Fraud...
Por Barry Zalma 2024-06-26 12:55:47 0 1K