Insurance Broker: Learned Intermediary or Useful Idiot?

As insurance brokers, we all strive to be – in our client’s eyes – trusted advisers and learned intermediaries.  In its current use from a 1966 Eighth Circuit Court decision, the “learned intermediary doctrine” holds that prescription drug and medical device manufacturers discharge their duty of care to patients by providing warnings to prescribing physicians.  In this way, they bypass the obligation to warn the ultimate users of their products – i.e., patients. While not an exact analogy, the notion of a learned intermediary in...

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