• 1991 - Duty of Insurance Agent
  • C-19.00
    • Agents And Agencies
    • Insurance
    • Tort Liability
    • Tort Liability

  • An insurance agent has a duty to use the skill and care which a reasonable and prudent person engaged in the insurance business would use under similar circumstances.

     

    An insurance agent who acts in good faith and who follows the instructions of the customer has not breached this duty.

     

    An insurance agent [has no duty to] [is not liable for failure to] take affirmative action on behalf of the customer, unless the customer specifically requested that the agent take such action, or there is proof that a special relationship existed between the agent and customer through which the customer justifiably expected or relied upon the agent to take affirmative action.

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    • 12.1-28-02
    • Rawlings v. Fruhwirth, 455 NW2d 574 (ND 1990)
  • Notes: If the agent gives the impression that the agent is a consultant and counselor, the agent may have additional duties. Rawlings, 455 NW2d at 576-77.