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Insurance

Jan. 27, 2012

What is the liability exposure of a broker?

Know what factors may expose brokers to greater liability.

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

An "insurance broker" is "a person who, for compensation and on behalf of another person, transacts insurance other than life with, but not on behalf of, an insurer." Insurance Code Section 33. A broker thus usually acts on behalf of the policyholder. Rios v. Scottsdale Ins. Co. (2004) 119 Cal.App.4th 1020.

Most decisions from a while ago usually favored the broker. For instance, in 1987, Jones v. Grewe, 189 Cal.App.3d 950 (2-1 vote), affirmed the sustaining of a dem...

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