Civil Litigation against Insurance Representatives

Summary

This practice note addresses civil litigation against insurance representatives. It will focus on claims that may be brought by the client of the representative, not by an insurance regulator which is in the realm of administrative litigation. Here, the focus will be on some of the legal theories that are typically used, general pleading requirements, defenses, matters of proof (including the use of expert witnesses), and damages. Furthermore, the focus will be on litigation brought by a client who sought the services of the intermediary to obtain insurance. All fact patterns and other particulars of a case differ, so this practice note is an overview intended to provide general guidance.