Each week Agency Checklists takes a look at a case involving agents and Massachusetts law. Our aim is to help agents better understand the laws and how they affect their insurance agencies as well as to avoid traps for the unwary.
This week we take a look at Witkowski v. Richard W. Endlar Insurance Agency, Inc. The case was decided on May 29, 2012 by the Massachusetts Appeals Court and is another in a line of case law that finds potential liability against insurance agents due to certificates of insurance.
In particular, this case highlights the fact that certificates of insurance can create an E&O exposure for agents even though they have specific disclaimers.
Other Agency Checklists Analyses of Massachusetts law…..
Without Executed Written Contract, Certificates of Insurance Not Enough to Show Additional Insured Status