Evaluating the Relationship Between Independent Insurance Adjusters and Insureds: The Case Against Imposing an Indpendent Duty of Care
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Authors
Plitt, Steven
Sandstrom, Ryan
Issue Date
2015
Volume
48
Issue
2
Type
Journal Article
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Keywords
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Abstract
INTRODUCTION|Recently, insurance adjusters have come into the crosshairs of claimants who argue that insurance adjusters should owe independent duties to policyholders/insureds and should be held liable to policyholders/insureds for negligence, as well as negligent misrepresentation. The new spotlight on independent adjuster liability has been driven by several outcome goals: (1) creating a separate cause of action for plaintiffs to survive summary judgment or enhance verdict value; (2) creating a secondary source of recovery; and (3) defeating federal jurisdiction to lock in a friendly state court's venue. Courts are currently struggling with the question of whether there should be...
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Publisher
Creighton University School of Law