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3995 REVIEW DENIED An insurance broker's failure to advise an insured that the policy it has procured contains exclusions that would make it wise for the insured to obtain additional coverage may be a proximate cause of damage resulting from the insurer's refusal to defend the insured, even though it is subsequently determined that the insurer had an obligation to do so; such damage may include attorney fees incurred by the insured in defending itself against the claim the insurer refused to defend.
THIRD EYE BLIND v NEAR NORTH ENTERTAINMENT INSURANCE SVCS (Multiple Causes) 127 CA4 1311 [See: Lombardo v Huysentruyt 91 CA4 656, T/AT 9/01; Jordache v Brobeck 18 C4 739, T/AT 9/98]
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