Insurance
May 19, 2012
Will courts protect the insured or the industry in broker litigation?
A recent decision bucks the trend against brokers in favor of the insured. By Joe Campo and Brian Slome of Lewis Brisbois Bisgaard & Smith LLP
Joseph C. Campo
Partner
Lewis Brisbois Bisgaard & Smith LLP
633 W 5th St Ste 4000
Los Angeles , CA 90071
Phone: (213) 680-5072
Fax: (213) 250-7900
Email: Joe.Campo@lewisbrisbois.com
Brian Slome
Partner
Lewis Brisbois Bisgaard & Smith LLP
Email: bslome@lbbslaw.com
Brian's practice focuses on the defense of professionals, which includes defending attorneys in legal malpractice and discipline proceedings.
In Workmen's Auto Insurance Co. v. Guy Carpenter & Company Inc. (2011) 194 Cal.App.4th 1468 (depublished), the court held that clients cannot sue their insurance brokers for breach of fiduciary duty. Invoking stare decisis, the court weighed public policy in favor of allowing such a cause of action, but opted instead to achieve "certainty, predictability, stability and convenience in the insurance indust...
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