Skip Ribbon Commands
Skip to main content
None

2025 Issues - The E&O Report

October 2025 - Part 2: Agents vs. Brokers: What You Should Know and How It Affects E&O Claims

In the September E&O report I discussed the differences between Agents and Brokers, how courts and even clients do not understand the legal differences and the E&O implications and differences between the two. Last month’s article focused on Wholesale Brokers and their Producer Agreements. A “Wholesale Broker” is still a “Broker”, even with an Agreement with the Carrier and NOT an AGENT. To close the loop this month I will discuss what your exposure is when you are acting as an ACTUAL AGENT of a carrier pursuant to an AGENCY AGREEMENT with Binding Authority. [more]
The topics I write about come from many sources. Your BIG I Hotline questions and questions directly to me. Trends in your industry that I perceive as having E&O implications and, mostly, issues that I am litigating. Some even come from out of left field that trigger a concern. [more]
Since the July E&O report, I have had the same BIG I Hotline call from several members. It goes like this... [more]
In last month’s article, I gave you a peek into my world. (That hopefully you avoid being part of.) The world of what it looks like when you are actually in E&O litigation. How the courts and law do not understand the past and past decisions on insurance and thus are not in sync with the reality of the 21st century. I want to continue that this month. [more]
As I have told many of you (whom I have had the pleasure to represent, give advice to via the Hotline and discuss E&O issues at the recent GO BIG convention last month), while I live in the world of Insurance Broker/Agent E&O for many decades now, I only have a foot in your world: the world of the actual insurance industry. You know it better than I ever will as you live it on a day-to-day basis. [more]
Since humans walked upright we have tried to see the future….what comes next. One only need read the classics to see all the references to “Soothsayers”, “Prophets” and “Oracles”. Those who claimed that they could divine the future from any manner of skills. (Like reading bones or tea leaves.) [more]
One of the main themes for the 2025 E&O Seminars is a “Look Back” to the E&O issues of decades past and then seeing where we are today. So I thought this month’s E&O Report should dovetail with that. And that was even before this week an upstate Judge issued a denial of a Motion to Dismiss I filed on behalf of a broker who got both Murphy and Hoffend…100% wrong. [more]
This is the third and final part in my 3-part series on the current state of E&O law and how we got here. We will address the “Duty to Read” issue, but more from the role of the courts in watering down what was once a total defense. [more]
This is the second in my 3-part series on the current state of E&O law and how we got here. We will address the “Expertise of the Broker” issue, and we will go down the Rabit Hole together starting with what will seem to come out of VERY left field. [more]
Site Contents