In Graff v. Robert M. Swendra Agency, Inc., 800 N.W.2d 112 (Minn., July 13, 2011) the Minnesota Supreme Court in a 5-2 ruling recognized a cause of action against an agent for negligent failure to procure insurance coverage for a policyholder. The agent recommended that the policyholder purchase an umbrella endorsement that would extend UIM coverage to the umbrella policy limit. The policyholder agreed. The primary and umbrella coverages were purchased, but the agent neglected to extend the umbrella policy to the UIM coverage. The policyholder sustained serious injuries in an MVA. The majority held both the insurer and agent could be separately liable, writing that a negligent procurement claim “is consistent with the well-established, common-law rule that an agent is subject to liability for harm caused by the agent’s negligence.” (Footnote 4) The dissent contended the new cause of action was inconsistent with the existing rule that the agent’s error is binding on the insurer, thus making the insurer solely liable for the loss.
Professional Liability Defense Federation
