Insurance Broker Liability to Policyholders for Denied Claims: Latest Case Law Developments
Navigating the Evolving Scope and Breadth of a Broker's Duties and Obligations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide policyholder and insurer counsel with an examination of the evolving duties and standards that insurance brokers owe to policyholder clients. The program will review claims against brokers in coverage disputes and recent court decisions expanding a broker’s duties in certain circumstances and outline scenarios in which broker issues arise and best practices for brokers, insurance companies, and policyholders to follow in navigating potential liability issues.
- Overview of the role brokers play, their duties, and potential liabilities
- Recent claims and litigation trends—i.e., scope of duties owed, theories of liability, procedural issues, and damages
- Best practices for insurers and brokers to minimize liability
- Best practices for policyholders to manage broker relationships and avoid pitfalls
The panel will review these and other key issues:
- Who is a broker/agent, and do brokers have dual agency obligations to both insurers and policyholders?
- What is the scope of a broker’s duties and obligations?
- What scenarios have resulted in expanded broker obligations?
- What are the appropriate measures of damages for policyholders bringing broker liability claims?
- What are common pitfalls facing brokers, and what steps can they take to minimize liability?
- What are ways in which policyholders can take precautions when dealing with brokers?
Eric G. Barber
Michael Best & Friedrich
Mr. Barber’s insurance coverage practice includes representing policyholders in disputes with their insurance... | Read More
Mr. Barber’s insurance coverage practice includes representing policyholders in disputes with their insurance carriers, representing companies of all sizes and across a wide range of industries. Mr. Barber has counseled companies or prosecuted a claim under a variety of policies, including D&O insurance, cyber liability insurance, E&O/professional liability insurance, reps and warranties insurance, fidelity bonds, property insurance, CGL insurance, builders’ risk policies, and other specialty products.Close
Matthew J. Dendinger
Loss Judge & Ward
Mr. Dendinger counsels insurance industry clients on complex coverage issues and represents clients in mediation and... | Read More
Mr. Dendinger counsels insurance industry clients on complex coverage issues and represents clients in mediation and insurance coverage and bad faith litigation. His litigation experience extends to both state and federal trial and appellate courts throughout the U.S., and he has counseled clients regarding matters pending in more than 20 states and the District of Columbia, as well as internationally. In addition, Mr. Dendinger has a keen interest in issues surrounding the preservation and discovery of electronically stored information.Close