Low, Ball & Lynch’s
WEEKLY LAW RESUME
December
23, 2004 Issue By: Ray Coates
Indemnity - Broker Liability to
Insurer
Century Surety Company v. Crosby
Insurance, Inc.
Court of Appeal, Fourth District
(November 17, 2025)
Broker liability to an insurer for problems in the application process are
more frequently being asserted. This case explores the parameters of such
liability.
Baroco West, Inc., and others were sued for construction defects arising out
of their work as a general contractor of single family residences. Baroco
tendered to Century Surety Company. Century undertook the defense under a
reservation of rights. During its evaluation of coverage, Century
determined the insurance application contained a false loss history.
Century withdrew its defense.
Baroco sued Century and Crosby Insurance, Inc., its broker.
The Court of Appeal affirmed with respect to the negligent misrepresentation
cause of action, but reversed as to the other causes of action. The Court
stated the fraud cause of action alleged that the application contained a false
written statement regarding the loss history of the insured. It further
alleged that
The Court further rejected the argument that rescission was the only
remedy. The Court concluded that an action for damages could be brought
against a broker for misrepresentation.
The Court further concluded that the broker could be sued for
negligence. The Court stated that while there had not been any previous
As to the claim for negligent misrepresentation, Century failed to plead
that
The judgment was affirmed as to the negligent misrepresentation cause of
action, but reversed in other respects.
COMMENT
This case allows insurers to sue brokers for mistakes made in the
application if they can establish the necessary elements of a cause of action
for negligence or fraud. This is one of the first cases to recognize such
a right by insurers.
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