14.6.1 Licensing and Regulatory Obligations.
Jurisdiction | Arizona |
14.6.1 Licensing and Regulatory Obligations. As professionals, insurance producers are regulated by the State to protect the public.102 For example, before insurance producers can legally transact insurance business in Arizona, they must obtain a license.103 According to Darner, “[p]ublic policy supports the adoption of rules which tend to discourage negligence or misconduct in the insurance industry.”104 Arizona’s licensing requirement is such a rule.105 Agents have other statutory responsibilities which also may give rise to regulatory discipline, rather than tort liability, such as the protection, use and maintenance of insureds’ personal information,106 record retention,107 or placing excess and surplus lines coverage.108
Producers may also have specific statutory or regulatory duties which only apply to the solicitation or sale of particular kinds of insurance policies. For example, life insurance producers must investigate whether the offered policy replaces an existing policy, and if so, provide specific, Arizona Department of...
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- 14.1 Chapter Scope
- 14.2 Defining Insurance Producers.
- 14.2.1 Role of Insurance Producers in Procuring Insurance.
- 14.2.2 Relationship of Insurance Producers.
- 14.2.3 Agency of Producers.
- 14.2.4 Insurance Producers as Professionals.
- 14.3 Professional Negligence
- 14.4 Misrepresentation
- 14.5 Fraud
- 14.6 Statutory Duties.
- 14.6.1 Licensing and Regulatory Obligations.
- 14.6.2 Offering Uninsured and Underinsured Motorist Coverage.
- 14.7 Breach of Contract
- 14.8 Bad Faith
- 14.9 Duties Owed to Insurers
- 14.10 Complications of Dual Agency
- 14.11 Duties to Non-Clients
- 14.12 Causation
- 14.13 Uninsurable Risk|Exposure
- 14.14 Reformation Based on Error
- 14.15 Damages.
- 14.15.1 Economic Loss Rule.
- 14.15.2 Personal Injury Damages.
- 14.15.3 Attorneys' Fees.
- 14.15.4 The “Tort of Another” Doctrine.
- 14.16 Expert Witness Certification and Qualification
- 14.17 Statute of Limitations.
- 14.17.1 Accrual of Negligence Claims.
- 14.17.2 Accrual of Breach-of-Contract Claims.
- 14.18 Pleading Claims.
- 14.18.1 Cross-Claims.
- 14.18.2 Third Party Practice.
- 14.18.3 Claim Assignments Against Producers.
- 14.18.4 Re-Litigation of Underlying Claims.
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