Articles by Steven Plitt

Steven Plitt is the current successor author to Couch on Insurance, 3d. He maintains a national coverage practice with The Cavanagh Law Firm. He has been listed continuously as one of Arizona's 50 lawyers by Southwest Super Lawyers. He can be reached splitt@cavanaghlaw.com. To read additional articles by Steven Plitt, go to www.insuranceexpertplitt.com.

Do Insurance Brokers Have an Obligation to Offer the Cheapest Coverage Available?

The question of whether insurance brokers are required to obtain the lowest cost insurance that meets the insured’s needs was answered recently by the Missouri Supreme Court in Emerson Electric Co. v. Marsh & McLennan Cos., 362 S.W.3d 7 (Mo. …

Insurers Finally Get Right to Jury Trial in New Jersey

Forty years ago the New Jersey Supreme Court in Rova Farms Resort, Inc. v. Investors Ins. Co. of America, 65 N.J. 474, 323 A.2d 495 (1974), recognized a cause of action against an insurance company in situations where the insurer …

Essentials: Be Careful What You Say When Issuing a Binder

Insurance binders are contracts of temporary insurance pending the issuance of a formal policy or proper rejection of the application by the insurer. The binder serves only as a temporary or interim policy until a formal policy is issued. Once …

Essentials: Read the Policy

The insurance agent told his client to “read the policy.” It was simple but important advice. More likely than not, the client did not heed the advice. When the insurance policy was received it was probably tossed in a drawer …

Why Bragging May Create a Greater Legal Duty of Care

It has often been said that every attorney has a little larceny in his heart. In similar fashion, it could be said that every insurance agent has a little puffery in his heart regarding his book of business, background and …

Bragging About an Agent’s Book of Business May Create a Greater Legal Duty of Care

It has often been said that every attorney has a little larceny in his heart. In similar fashion, it could be said that every insurance agent has a little puffery in his heart regarding his book of business, background and …

Agency E&O Liability for Failing to Procure Coverage

Insurance agents can be sued by their clients for breach of contract or negligence when they fail to procure appropriate insurance coverage. Generally, an insurance agent or broker who undertakes to procure insurance for a client owes an obligation to …

It’s Time to Review Essential Procedures for Managing E&O

Systems, Checklists, Guidelines, Manuals Among Tools Useful in Reducing Agency Errors I have been an insurance broker since 1974. However, my principal occupation is attorney, practicing in insurance law. I have had many conversations with insurance agency managers, insurance agents …

Essentials: A Reminder on Managing Agency E&O Risk

I have been an insurance broker since 1974. However, my principal occupation is attorney, practicing in the field of insurance law. I have had many conversations with insurance agency managers, insurance agents and customer service representatives (CSRs) regarding their many …

It’s Time to Review Essential Procedures for Managing Agents’ E&O Exposures

Systems, Checklists and Manuals Among Tools Useful in Reducing Agency Errors I’ve been an insurance broker since 1974, although my principal occupation is as an attorney, practicing in insurance law. I have had many conversations with insurance agency managers, insurance …