“The case law is not fully developed [in New Jersey], but it's going in the direction of holding the broker to a higher standard.”
Either way, brokers should be careful to document their communications with clients and not rely on memories, keeping track of the requests that policyholders have made, Chesler said.
Moreover, brokers that advertise that they can get policyholders the best coverage may inadvertently create a special relationship with their clients, which could expand their duties, according to Chesler. “You see more and more frequently brokers holding themselves out as experts,” he said.' />