The question often arises in insurance litigation concerning whether the insurance agent is an "agent" for the insurance company, or an agent for the insured. Whenever this issue arises, the insurance industry argues that the agent is the agent of the insured. This way, the insurance company can argue that any mistakes by the agent
Agent / Broker
Insurance Company Can Sue Insurance Broker for Negligence and Fraud in the Application Process
By Mark Nation on
Posted in Agent / Broker
In Liberty Surplus Insurance Corporation v. First Indemnity Insurance Services, Inc., ____ So.3d ____ (Fla. 4th DCA March 10, 2010) a proposed insured provided its insurance broker with an application for insurance which contained 14 different supplement pages describing 14 prior claims during the past 5 years. The broker then submitted the application to Liberty, however the…
When is an Insurance Agent an “Agent” for the Insured vs. the Insurer
By Mark Nation on
Posted in Agent / Broker
Frequently, the outcome of an insurance case depends on the critical issue of whether the person who sold the policy is an agent for the insured or an agent for the insurer. The fundamentals for determining whether an insurance agent/broker is an agent for the insurer or the insured were set forth in Essex Insurance Company …