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SMASON v. CELTIC LIFE INS. CO.

No. 92-CA-1042.

615 So.2d 1079 (1993)

Sally S. SMASON v. CELTIC LIFE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 21, 1993.

Attorney(s) appearing for the Case

Alan D. Ezkovich, Raymond P. Ward, Sessions & Fishman, New Orleans, for appellants.

Stephen A. Mogabgab, Roger D. Marlow, Hulse, Nelson & Wanek, Covington, for appellee.

Before KLEES, LOBRANO and PLOTKIN, JJ.

PLOTKIN, Judge.

The issue raised on this appeal is whether an independent insurance broker owes a fiduciary duty to disclose to the insurer information of an insured's medical condition. In the instant case the trial court held that an independent insurance broker, Guy Dussouy, was the agent of an insurer, Celtic Insurance Company, and thus owed a duty to disclose the insured's pre-existing condition, which was known to him, to the insurer. We reverse.

THE...

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