14.12 Causation

• Jurisdiction: Arizona

14.12 Causation. In addition to the previously discussed requirements of duty and breach, the insurance producer’s actions or omissions must be the proximate cause of injury for the insurance producer to be liable in tort for the insured’s loss.¹⁶³ To sustain a negligence claim for failure to procure insurance, the plaintiff must show that the insurance producer’s negligence caused the client’s loss by leaving him uninsured or insufficiently covered for a particular claim, or precluding him from taking action to protect himself.¹⁶⁴ An insured can establish causation by showing that: (1) the desired insurance coverage was available; (2) the insurer would have issued a policy at a price the insured was willing to pay; and (3) the claim would have been covered by the policy.¹⁶⁵...