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Automobile Litigation Committee

The Automobile Litigation Committee is comprised of plaintiff, defense, insurance coverage, and staff counsel attorneys from across the country whose practice includes personal injury, products liability, insurance issues related to automotive litigation.

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Insurance Agent and Broker E&O 2018: The Year In Review

The evolution of insurance agent and broker errors and omissions (“E&O”) law has been highlighted in recent years by: continued erosion of the “duty to read” defense; increasing perceptions of agents and brokers as possessive of specialized experience and expertise necessary to advise and guide their customers with respect to their insurance coverages and overall risk management; and ever expanding E&O risk concerns. In 2018, while these trends did not abate, there were a number of positive developments for insurance agents and brokers as well. These include: decisions touching on choice of law analysis in resolving conflict of law issues; accrual of failure to procure claims for statute of limitations purposes; the continued vitality of the “duty to read” defense in a number of states; and even the continued viability, in certain jurisdictions, of the absolute defense of contributory negligence on the part of the insureds.