MARCH 2016 BAD FAITH CASES: EXISTENCE OF FIDUCIARY DUTY BETWEEN SELLER AND BUYER OF INSURANCE REQUIRES FACT SENSITIVE INQUIRY (Superior Court of Pennsylvania)
In Dibish v. Ameriprise Financial, Inc., the Superior court rejected a blanket rule that there is no fiduciary relationship between a seller and buyer of insurance. Rather, “the existence of a confidential relationship requires a fact-sensitive inquiry, which may not be rigidly disposed of as a matter of law.”
