Does an insurance agent have a duty to the public at large in the event that the insurance agent acquires information suggesting that the client is unfit to drive?

California, United States of America


The following excerpt is from Nipper v. California Auto. Assigned Risk Plan, 136 Cal.Rptr. 854, 19 Cal.3d 35, 560 P.2d 743 (Cal. 1977):

I see no justification for a conclusion that an insurance agent stands free of any duty whatsoever to the public at large in the event that the agent, in the course of dealing with a client, acquires information suggesting that the client is unfit to drive. A bartender who knows that a customer will drive his car owes a duty to the public not to continue to serve drinks to the customer once the customer becomes obviously intoxicated. (Vesely v. Sager (1971) 5 Cal.3d 153, 164--167, 95 Cal.Rptr. 623, 486 P.2d 151; see also Bernhard v. Harrah's Club (1976) 16 Cal.3d 313, 324--325, 128 Cal.Rptr. 215, 546 P.2d 719.) If a patient tells a psychiatrist that he intends to kill someone, the psychiatrist

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