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Insurance Broker Duties: From Risk Assessment to Coverage Placement
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B. Merritt Excavation & Utilities Inc., a Calgary-based underground utilities contractor, retained Prairieview Insurance Brokers Ltd. in 2018 to secure comprehensive commercial liability insurance for its excavation and trenching operations. Broker Melissa Crane placed the policy with Broadfield Insurance Company but failed to disclose that it contained a Subsurface Operations Exclusion Endorsement, which effectively eliminated coverage for the company's core day-to-day work. In 2023, during a residential development project, a subcontractor struck an unmarked gas line, triggering an explosion that caused approximately $4,800,000 in damages to nearby homes and municipal infrastructure. When Merritt Excavation submitted a claim, Broadfield denied it based on the undisclosed exclusion. Having paid premiums for years on a policy that provided virtually no meaningful protection, Merritt Excavation commenced legal action against Prairieview, its brokers, and Broadfield, alleging broker negligence, breach of contract, and negligent misrepresentation.

Foundation of Broker Duty When Full Coverage Is Requested by Insureds

A florist operating in a mid-sized Ontario community approaches her insurance broker in the spring with a straightforward request: she wants full coverage for her business. The florist has operated her shop for nearly a decade, expanding from a modest storefront into a larger location with refrigeration units, delivery vehicles, and a growing inventory of specialty plants and floral arrangements. She knows little about insurance beyond the basic proposition that it protects against loss, and she trusts her broker to translate that general desire into specific coverage that will shield her livelihood from whatever misfortunes might arise. The broker, who has handled her personal automobile insurance for years, agrees to place a commercial policy and assures her that everything will be taken care of. Neither party reduces this conversation to detailed written instructions. Months later, a refrigeration failure destroys thousands of dollars in perishable inventory, and the florist discovers that her policy contains no coverage for spoilage losses. The broker insists the policy reflects standard coverage and that spoilage protection was never discussed. The florist maintains she asked for full coverage and assumed the broker would identify and insure against the risks inherent in her particular business. This collision of expectations illustrates the foundational question this lesson addresses: what duty does an insurance broker owe to an insured who requests comprehensive protection?

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