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This article addresses the "other" intermediaries involved in the administration of insurance policies, specifically "downstream" intermediaries, who are engaged in the administration of insurance claims. The focus is on managing general agents, third-party administrators and independent contractor claims adjusters, who perform the nuts-and-bolts tasks of the insurance industry, and are generally less well compensated than commercial insurance brokers. Since these "other" intermediaries are immune from judicial claims by policyholders, they are also less incentivized to perform their duties well. The article argues that, in order to improve the claims process, the "other" intermediaries should be held accountable for their misconduct, at least in tort, or even for "bad faith" in the manner of an insurer. It reviews the benefits of accountability and suggests a workable standard for intermediary liability where an intermediary is potentially liable when a policyholder has alleged negligence or some greater wrongdoing

Publication Citation

15 Conn. Inst. L. J. 599 (2009).