9th Circuit agrees with David Brenner’s argument for USI Insurance Services
In late August, the 9th Circuit agreed with David Brenner’s argument for USI Insurance Services that brokers do not owe a duty to a third party non-insured to disclose a large self-insured retention on a form certificate of insurance that does not specifically call for such disclosure. Multicare Health System v. Lexington Ins. Co. et al., 2013 U.S. App. LEXIS 17981 (9th Cir. Aug. 28, 2013) The panel rejected the broad theory of negligent misrepresentation proposed by the recipient of the certificate. Working in conjunction with counsel for co-defendant Lexington Insurance Company, the firm defeated the case in federal district court without discovery or leave to amend on an early motion to dismiss, and received the 9th Circuit decision 45 days after oral argument. Total time for successful defense from filing of the case in district court to denial of the appeal was 20 months.