Insurance
Oct. 31, 2014
Even more 'wins' for brokers in state appellate courts
A broker usually represents the policyholder, while an agent usually acts on behalf of the insurer. In litigation involving the policyholder and the broker, the latter usually prevails.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
A broker usually represents the policyholder, Rios v. Scottsdale Ins. Co., 119 Cal. App. 4th 1020 (2004), while an agent usually acts on behalf of the insurer. In litigation involving the policyholder and the broker, the latter usually prevails. See, e.g., Jones v. Grewe, 189 Cal. App. 3d 950 (1987) (2-1 decision, affirmance of the sustaining of broker's demurrer). A broker, though, is sometimes found liable. See, e.g., Williams v. Hilb, Royal & Hobbs Ins. Svcs., 177...
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