COVID-19 Liability of Insurance Intermediaries

Summary

This practice note addresses the potential liability of insurance intermediaries in COVID-19-related claims. It addresses the involvement of those persons or entities that have traditionally been called "insurance agents" and those that have usually been called "insurance brokers." There is a technical distinction between the two, which will be explained, and that may have significance from a COVID-19 liability standpoint. However, in modern parlance and for insurance licensing and regulatory purposes, they are usually both called "insurance intermediaries" or "insurance producers." They share similar characteristics in licensing and continuing education processes in the jurisdiction(s) where they do business. They also serve as go-betweens for providers and consumers to sell or procure insurance products.