Pa. Federal Judge Finds No Fiduciary Duty With Retrospective Premium Policy

PITTSBURGH – In a dispute over unpaid premiums in a retrospective premium policy, a Pennsylvania federal judge on June 27 concluded that although the insurer had an “enhanced duty” under such a policy, applicable case law does not support the creation of an independent action for breach of fiduciary duty (Liberty Insurance Corp., et al. v. PGT Trucking Inc., et al., No. 2:11-cv-151, W.D. Pa.; 2011 U.S. Dist. LEXIS 68444).
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