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.”

Date of Decision: February 16, 2016

Dibish v. Ameriprise Fin., Inc., No. 70 WDA 2015, 2016 Pa. Super. LEXIS 102, (Pa. Super. Ct.  February 16, 2016) (Bender, Musmanno, Shogan, JJ.)