Is there a duty of reasonable care owed by insurance agents to their clients that does not include the obligation to procure complete liability protection?

California, United States of America


The following excerpt is from Jones v. Grewe, 189 Cal.App.3d 950, 234 Cal.Rptr. 717 (Cal. App. 1987):

The majority is correct when it states that the general duty of reasonable care owed by insurance agents to their clients does not include the obligation to procure a policy affording complete liability protection. 1 I also agree with the majority that the existence of a duty of care is a question of law that is based on considerations of public policy. (Raymond v. Paradise Unified School Dist. (1963) 218 Cal.App.2d 1, 8-9, 31 Cal.Rptr. 847.) "An affirmative declaration of duty simply amounts to a statement that two parties stand in such relationship that the law will impose on one a responsibility for the exercise of care toward the other." (Ibid.)

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