Professional Negligence Law Reporter

Insurance

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Breach of fiduciary duty

November/December 2024

The Roes, who are husband and wife, noticed there were 18 charges for insurance on their bank statements. They later learned that a licensed insurance producer had allegedly signed them up for additional insurance policies, including some that did not list them as owners or beneficiaries.

The Does sued the insurance producer, alleging negligence, negligence per se, breach of fiduciary duty, and violation of Kansas and Missouri consumer protection laws. The plaintiffs claimed that the defendant had submitted the applications for the policies and that he had benefited by earning commissions on each issued policy. The plaintiffs also asserted that the defendant had committed policy “churning” by replacing an existing policy with one from the same or different carrier that offered similar or fewer benefits.

The parties settled for $325,000.

Citation: Doe v. Roe, Undisclosed Dkt. No. (Mo. Cir. Ct. Jackson Cnty. Feb. 14, 2024).

Plaintiff counsel: Richard Fisk, Overland Park, Kan.