Insurance agents and brokers may want to revisit/confirm their practice, especially with policy renewals.
Douglas R. Mah, J. in Duraguard Fence Ltd v Badry, 2019 ABQB 783, found that a failure by an insurance broker to provide adequate coverage was a breach of a duty of care, but NOT a breach of fiduciary duty. The court relied on Fine’s Flowers Ltd v General Accident Assurance Co of Canada Ltd, 17 OR (2d) 529, 1977 CanLII 1182 (ONCA), and G.K.N. Keller Canada Ltd. v Hartford Fire Insurance Co. (1983), 1 C.C.L.I. 34 (Ont. H.C.) for the definition of the duty of care applicable to insurance brokers.