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ARTICLE · 17 MAY 2016

Insurance Brokers Have A Duty To Accurately Inform Third Parties

An insurance broker has a duty to act in good faith and inform third parties who are not clients, but who suffer damages as a result of inaccurate information provided by the broker about an insurance product.

CanadaInsurance

An insurance broker has a duty to act in good faith and inform third parties who are not clients, but who suffer damages as a result of inaccurate information provided by the broker about an insurance product. That's what the Quebec Court of Appeal confirmed in a recent decision that recognizes duties that go beyond the ones brokers owe strictly to their clients.

The facts: Mr. Lefebvre wanted to buy Mr. Robinson's house but the parties could not agree on the sale price given the significant difference ($200,000) between the offer and counter-offer. Looking for a solution, Mr. Lefebvre consulted an insurance broker who recommended a prepaid insurance policy on Mr. Robinson's life made payable to the latter's estate. The broker then made an offer to Mr. Robinson on behalf of Mr. Lefebvre which would see most of the sale price paid out on the transaction date; the balance would be paid within five years and Mr. Lefebvre would take out an universal life insurance policy

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