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Home / Insurance / The insurance is "commercially available" is not enough in a broker / agent's negligence Legal insurance blog for real estate insurance

The insurance is "commercially available" is not enough in a broker / agent's negligence Legal insurance blog for real estate insurance



In order to succeed in a claim for negligence against a broker / agent for failure to procure insurance, a plaintiff must establish (1) a duty of care; (2) a breach of said duty of care; (3) damage caused by the infringement; and (4) actual loss or damage resulting from the damage. Recently, the Supreme Court of Wisconsin in Emer & # 39 ;s Camper Corral, LLC v. Alderman 391 Wis.2d 674 (2020) dealt with the evidence that a plaintiff must present under the third factor to establish causation. [19659002] After a hailstorm, Camper Corral discovered that the insurance it had in place had $ 5,000 per deductible themselves without any aggregate limit. Camper Corral's total deductible after the hailstorm was $ 1

25,000. Camper Corral sued his broker / agent, claiming that it was negligent not to insure with a deductible $ 1,000 of hail per RV and a total deductible of $ 5,000. The link between Camper Corral's damages and Alderman's failure to obtain the policy on desired terms. Specifically, he argued that there could be no causal link if Camper Corral had not been entitled to the specific insurance policy requested. . It was formulated that just because an insurance company would write a specific insurance for a company, it does not mean that it would insure all companies on the same terms. The Supreme Court of Wisconsin upheld the district court's decision to grant Alderman's request for a judgment and concluded that without evidence that an insurance company would have written the specific coverage for Camper Corral, it could not establish that the broker / agent's negligence was a "material factor". the loss.


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