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https://completemarkets.com/company/CompleteMarkets/Articles/content-package/IMMS-Library/TabCategory/article-post/1533/LEGAL-OUTLINE-FOR-CALIFORNIA-AGENCIES-CHAPTER-4/
... , 202 Cal.Rptr. 47. In the cases of an agent acting solely for a disclosed insurer (and not also as a broker acting for an insured), there is authority that only the insurer (as principal) and not the agent can be held for non physical damage for breach of contract or negligence. Walker v. Home Indemnity Co. (1956) 145 Cal.App.2d 318, 302 P.2d 361; Lippert v. Bailey (1966) 241 Cal.App.2d.376, 50 Cal.Rptr. 478; 4 Couch on Insurance 2d 26A: ... the client as to what he should want. Finally, some claim the agent misrepresented facts to the client. Legal theories used by clients include breach of contract (that the agent agreed to obtain the coverage), negligence (that the agent failed to meet the standard of care of a reasonable agent), and deceit (that the agent misled the client) . Different theories carry with them different statutes of limitation, and permit differing defenses. In a nutshell, an E&O claim can arise if the agent ( ... make claim avoidance techniques a top priority. This chapter will focus on the most frequent and dangerous customer and business claims agencies face. It considers how claims can be avoided. It also considers alternate methods of claims handling, which may be particularly useful when there are large deductibles that apply to defense costs. 4.2 Claims by clients for errors & omissions and related matters. 4.2.1 Theories of recovery. Client claims typically fall into several categories, generally arising when a loss is not covered. Some claim the agent did not do what ...