The insurance agent or broker is vulnerable to legal attack on several grounds and may incur liability on a variety of theories ranging from breach of implied warranty to fraudulent misrepresentation. The basic fact situation here discussed arises when one desires insurance and the agent sought for the purpose of procuring that insurance fails to do so through a lack of reasonable care. The nature and origin of the duty owed by such an agent or broker, the various instances in which liability arises, the measure and amount of damages collectible, and the defenses available to the agent are discussed.
Jack D. McNeil,
Liability of an Insurance Agent or Broker in Procuring or Maintaining Insurance for an Owner,
12 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol12/iss3/14