. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.


$________ Professional malpractice - Insurance agency negligence - Breach of fiduciary duty - Failure to forward insurance premium - Lack of coverage for fire loss.

Palm Beach County

The plaintiff claimed the defendants, an insurance agency and the principal of the agency, were negligent and breached a fiduciary duty to the plaintiff. The plaintiff claimed that the defendant agent failed to forward the plaintiff’s premium for business coverage, thereby causing a lack of insurance coverage when the property was damaged by fire. The defendant maintained that he properly forwarded the plaintiff’s premium to an intermediate insurance broker.

The plaintiff is a company that specializes in custom cabinets and furniture. It had been a customer of the defendant insurance agency for several years. The plaintiff claimed that, in May ________ when it was time for renewal of the policy, it forwarded the designated premium to the defendant agency and assumed that coverage was in effect. However, approximately 2.5 months after the renewal, there was a fire at the plaintiff’s premises and it was learned that the insurance policy had not been issued.

The plaintiff claimed that its insurance premium had been deposited into the defendant’s payroll account and the defendant never purchased the insurance policy on behalf of the plaintiff. The plaintiff sought damages for repairs and interruption of its business.

The defendant insurance agent testified that he sent the plaintiff’s premium to an intermediate broker to forward to the insurance company that would be issuing the plaintiff’s insurance policy. The defendant produced a cover letter to the broker, which he claimed was used to forward the plaintiff’s premium. The defendant also produced a check, which he asserted was written to the broker to cover the plaintiff’s policy. The plaintiff countered that there was no indication that the check had been cashed. A representative of the broker testified that the insurance broker never received the payment at issue.

The jury found that the defendant agent was negligent and breached a fiduciary duty to the plaintiff. The plaintiff was awarded $________ in damages.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.