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.
Read Agency Checklists entire analysis of this case and how it affects agents here.
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Other Agency Checklists Analyses of Massachusetts law…..
Restaurant’s Failure to Notice Results in Return of Advance Payments to Insurance Carrier
Court’s Interpretation Unsettles “Earth Movement” Exclusion
Without Executed Written Contract, Certificates of Insurance Not Enough to Show Additional Insured Status
Agency Risk Primer: Underinsured Loss Ends A 50-Year Agent-Insured Relationship
Subrogation Issues for Your Insurances to Avoid (With Your Good Advice)
DOI Bulletins Do Not Have the Force of Law
