In the Paige Report, insurance agent expert witness David H. Paige writes on whether an insurance broker have a duty to give advice.
California court finds that insurance broker ordinarily has no duty to suggest that insured purchase additional insurance coverage.
Part 2: Implications for Agent/Broker Liability:
The continuing issue addressed in this decision is whether insurance brokers have an obligation to give advice, and not simply to purchase the coverage requested. As will be addressed in later Reports, other states have implied that an insurance broker has a duty to speak up and advise an insured to take action when it is clear to the broker that the client is acting unwisely. Perhaps one of the biggest issues to be addressed is whether the differing state standards are surprising to insureds who find themselves without the advice that they thought was implied in their relationship with their broker.