Does an insurance agent have a duty to advise an insured on specific insurance matters?

California, United States of America


The following excerpt is from Siegfried v. Pac. Specialty Ins. Co., B250192 (Cal. App. 2014):

"Ordinarily, an insurance agent 'assumes only those duties normally found in any agency relationship. This includes the obligation to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured. [Citation.] The mere existence of such a relationship imposes no duty on the agent to advise the insured on specific insurance matters. [Citations.]' [Citation.] Instead, in the ordinary case, 'the onus is . . . squarely on the insured to inform the agent of the insurance he requires.' [Citation.]" (Wallman v. Suddock (2011) 200 Cal.App.4th 1288, 1308-1309 (Wallman).)

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