Brownson Norby, PLLC attorneys Kristi K. Brownson and Aaron M. Simon have published an article in the April 5, 2016 edition of he Minnesota Independent Insurance Agents and Brokers (MIIAB) newsletter, titled, ” North Dakota Supreme Court Issues Important Decision Clarifying Standard of Care of Insurance Agents.” In the article, Kristi and Aaron reviewed the March 15, 2016 decision by the North Dakota Supreme Court, APM, LLLP v. TCI Insurance Agency, Inc., clarifying the duty of an insurance agent to its customers when obtaining insurance coverage for them. In that decision Brownson Norby, PLLC was successful in its effort to protect its client insuance agency from liability when placing insurance for a property management firm. The Court held the agent had a duty to procure insurance coverage requested by a customer, but no more.
The decision has direct application to insurance agents placing insurance coverage in North Dakota. In addition, the North Dakota Supreme Court relied upon the 1989 Minnesota Supreme Court decision of Gabrielson v. Warnemunde. Since the Minnesota Supreme Court has not spoken on ths isue since 1989, it is likely the North Dakota decision can e viewedas an important indication of Minnesota law as well.