Captive Insurance Agent May Be Personally Liable for Misrepresentations Regarding the Scope of Coverage


In an unpublished decision dated October 13, 2010, the Court of Appeal (Gamliel v. Litman, Second Appellate District, Division Two) held that a claim for negligence against a Farmers insurance agent could go forward even though the agent was acting in the name of the insurance company when he committed the alleged negligent acts.

The agent had placed property insurance for the plaintiffs, but had allegedly failed to deliver a copy of the policy. After a fire which damaged the property, Farmers contended that there was no coverage because the property was unoccupied. In support of their negligence claim, the plaintiffs made these contentions:

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