STATE OF MICHIGAN COURT OF APPEALS

CHEMICAL TECHNOLOGY, INC., UNPUBLISHED July 26, 2016 Plaintiff-Appellant, v No. 326394 Wayne Circuit Court BERKSHIRE AGENCY, INC., doing business as LC No. 14-007723-CB CAPITAL INSURANCE GROUP, Defendant-Appellee, and AMERICAN EMPIRE SURPLUS LINES, Defendant.

Before: METER, P.J., and SHAPIRO and O’BRIEN, JJ.

SHAPIRO, J. (concurring) I disagree with the majority’s conclusion that under Harts v Farmers Ins Exch, 461 Mich 1; 597 NW2d 47 (1999) an independent insurance agent owes no general duty to advise an insured about the adequacy of coverage. That case addressed whether a captive insurance agent, i.e., an insurance agent whose principal was the insurer not the insured, owed a general duty to advise an insured about the adequacy of coverage. See id. at 6-7. It did not, however, address whether an independent insurance agent, i.e., an insurance agent whose principal was the insured, owes the insured a duty to advise with regard to the coverage procured. Accordingly, I would conclude that defendant did owe plaintiff a duty. However, I concur in the result because plaintiff failed to present sufficient evidence that the duty to advise regarding coverage was breached.

/s/ Douglas B. Shapiro

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