Today, hosts Lynda A. Bennett and Eric Jesse discuss a recent decision that addresses broker malpractice – a common claim for policyholders to pursue after learning insurance protection is unavailable or insufficient to cover claim. Although the Lowenstein partners call the opinion a situation where “bad facts making bad law,” they do advise policyholders to take away certain key lessons, including the need, and how to create a record to establish the existence of a special relationship with the broker which in turn imposes a fiduciary duty on the broker. Policyholders also should be responsive when brokers make inquiries designed to understand and value the risks that are intended to be insured not only to confirm the existence of a special relationship but also to avoid the need to sue the broker because the right coverage is placed in the first instance.
Popular Podcasts
Good Game with Sarah Spain
Good Game is your one-stop shop for the biggest stories in women’s sports. Every day, host Sarah Spain gives you the stories, stakes, stars and stats to keep up with your favorite women’s teams, leagues and athletes. Through thoughtful insight, witty banter, and an all around good time, Sarah and friends break down the latest news, talk about the games you can’t miss, and debate the issues of the day. Don’t miss interviews with the people of the moment, whether they be athletes, coaches, reporters, or celebrity fans.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations.
Crime Junkie
If you can never get enough true crime... Congratulations, you’ve found your people.