Has the insurance agent breach any agency duties to the two brothers?
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Has the insurance agent breach any agency duties to the two brothers?
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Two brothers have obtained property insurance from an insurance agent for many years for their business. At no time during the discussions concerning the renewal of insurance with the agent is the issue of flood insurance brought up, but the property insurance policy the business has contains an exclusion for flood insurance. Flood insurance allegedly is never brought to the insurance agent’s attention by the two brothers and the two brothers allegedly also do not read the insurance policy. During the discussions concerning the renewal of the property insurance policy, the insurance agent allegedly assures the two brothers the business is “fully covered” by insurance. However, a major hurricane soon hits the area and the business sustains damage from flooding. The property insurance policy does not cover the damage because of the exclusion. (Please identify references)
1. Has the insurance agent breach any agency duties to the two brothers?
2. Should the insurance agent be liable for the loss?
3. What are the best arguments of the insurance agent?
4. The best arguments of the two brothers?
