Insurance Agent Negligence [2019 Edition]


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This presentation will discuss the roles of agents and brokers in the selection of insurance coverage, the duties of agents and brokers in that process, and causes of action against agents and brokers.

Key topics to be discussed:

•   The roles of agents and brokers, and the distinction between them
•   Duties of agents and brokers toward prospective insureds
•   Causes of action against agents and brokers, and defenses to those causes of action

Date / Time: January 31, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: April 3, 2019

Kevin Babb, Esq. is a sole practitioner located in Edwardsville, Illinois, and practices in the State and Federal Courts of Southern and Central Illinois. He concentrates his practice in the areas of tort defense, insurance coverage disputes, and commercial litigation. He received his undergraduate and law degrees from the University of Illinois. He is a member of the Illinois State Bar Association, and is a frequent speaker on issues relating to insurance coverage, and negligence and other tort liability. He also serves as the Chancellor of the Episcopal Diocese of Springfield, and has experience in legal issues relating to non-profit organizations.

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Section I. The Role of the Broker v. the Agent

Section II. Basis for the Distinction between Brokers and Agents

Section III. Captive Agents and the Basis for Liability against Captive Agents

Section IV. Basis for Tort Liability Based on Negligence against Agents and Brokers

Section V. The “Special Relationship” between a Broker and the Insured

Section VI. Facts Giving Rise to the “Special Relationship”

Section VII. Cases Finding a “Special Relationship”

Section VIII. Cases Finding No “Special Relationship”

Section IX. Broker’s Duty to Advise Insured

Section X. Duty of Insured in Selection of Coverage

Section XI. Basis for Tort Claims against Agents and Brokers

Section XII. Causes of Action Based on Breach of Contract

Section XIII. Causes of Action Based on Violation of Duty of Good Faith Dealing

Section XIV. Causes of Action Based on Statutory Violations

Section XV. Defenses to Causes of Action against Agents and Brokers