Maryland Business Litigation Lawyer BlogBeing appointed an agent under a financial power of attorney, or as a Court-appointed guardian, comes with a significant delegation of authority. However, it is important to know that such delegation of power is not without limits. For example, an agent can only exercise powers specifically granted under the power of attorney document. And, in the case of a guardianship, the guardian is obligated to periodically account for the Court of their efforts on behalf of the ward. And, of course, a fiduciary under either scenario cannot abuse their power or use their power unlawfully.
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Examination of the Duty of Insurance Agents After the Sale
Simply put, an insurance agent has no general duty to advise its insureds, with regard to essentially anything after the issuance of the policy. In Maryland, as well as other jurisdictions, the basis for not holding agents to a standard of care stems from a fear that to do so would create a situation where the tort floodgates would open to allow claims against brokers whenever an incident surrounding the policy occurs. While the question of duty can become more complex when the agent is acting on behalf of the insured, as opposed to the insurance company, the question is not affected in a relevant way.
Regardless of the status of the agent, when viewed exclusively in the insurance context, once the policy is issued, the insured is responsible for noticing any problems with the policy and bringing them to the attention of the agent immediately. With regard to administration of the policy following issuance, the basis for not requiring a duty of care stems from a belief that such would require an agent to continuously monitor a clients assets and adjust coverage accordingly. Since agents are generally in a position where they must rely on the information given to them by the insured, imposing a duty of care is unreasonable.
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