b'Wyatt continued from page 8provision in the Certificate, by not disclosingavailable and/or explain the limitations oflimited coverage available to ship his used other available insurance products toFPA coverage.goods with UPS. Murray, and by not giving Murray the opportunity to purchase insurance thatThe appellate court found no publishedAs a general rule, an insurance agent would cover loss or damage caused bycases on the issue of whether insuranceassumes only those duties found in any factors other than a catastrophic loss. brokers, selling one kind of policy,agency relationship such as reasonable automatically assume additional dutiescare, diligence, and judgment in procuring Murray argued an insurance agent maysimply because they are specialists,the insurance requested by an insured.assume additional duties by an expressimplicitly holding themselves out as having agreement or holding itself out as being aexpertise in that given field of insurance.An insurance agent has no duty to specialist.Because UPS Capital held itselfMurray proposed it create a per se ruleaffirmatively advise an individual seeking out as having expertise, it had a duty toimposing a heightened duty of care forinsurance about different or additional inform Murray of the basic coverage detailsall specialized agents/brokers.coverage.There is no fiduciary duty to (1) of the insurance policy.make available to them a particular kind of While the appellate court declinedinsurance, (2) advise them of the availability The trial court granted UPS Capitals motionto institute such a rule, it concludedof such coverage elsewhere in the industry, for summary judgment and dismissed thepublic policy supports the creation of aor (3) advise them of inadequacies in lawsuit, concluding California law is wellreasonable inference of expertise whencoverage of which plaintiffs should, as settled as to the limited duty of insurancethere is evidence the agent specializes inreasonable persons, have themselves brokers, which is only to use reasonablea particular field of insurance.been aware. care, diligence, and judgment in procuring the insurance requested by an insured.The undisputed evidence of UPS CapitalsHowever, an insurance agent may assume specialization, in addition to Murraysa greater duty to the insured when one of Murray contended the trial court erredother evidence, created a triable issue ofthe following three exceptions arise: (a) the because he presented facts establishingmaterial fact that, if found true in Murraysagent misrepresents the nature, extent or UPS Capital owed a heightened duty tofavor, would show UPS Capital assumed a advise Murray that All-Risk insurance wasspecial duty to advise Murray about thecontinued on page 10Spring 2021 Page 9'