What is the duty of an insurance agent to recommend the appropriate level of coverage for a client's motor vehicle accident insurance?

California, United States of America


The following excerpt is from Canan v. Jones & Maulding Ins. Agency, 2d Civil No. B269916 (Cal. App. 2017):

An insurance agent's duty is to ensure that a client's policy complies with the minimum levels of UM coverage mandated by statute. (Pabitzky v. Frager, supra, 164 Cal.App.3d at p. 403.) The agent does not breach his duty to clients "by not advising them to carry uninsured motorist insurance in an amount greater than the statutory minimum." (Id. at pp. 402-403.) The rule is that an insurer owes no duty to its insured (1) to make available a particular kind of insurance; (2) to advise about the availability of such insurance from another carrier; or (3) to inform the insured of inadequacies in coverage. (Gibson v. Government Employees Ins. Co (1984) 162 Cal.App.3d 441, 452.) An injured insured cannot sue his insurer for wrongfully failing to recommend a higher level of UM coverage. (Id. at pp. 443-444.)

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