A client who is a new driver has asked for the cheapest vehicle insurance policy available, and expressly requests a policy with no extra endorsements and with the lowest possible limits. Can a Broker sell such a policy to the new driver?
A.
Yes, but document where you have informed the client of the risks of potentially being underinsured.
B.
Yes, the client has the right to choose their policy as long as it meets the statutory requirements.
C.
No, the Broker has a moral duty not to allow a client to be exposed to such liability.
D.
No, as it will expose the broker to vicarious liability of an under-insured client.
This scenario tests the Consulting and Advising and Professionalism, Integrity, and Ethics competencies. Under the RIBO Code of Conduct (Regulation 991), a broker’s primary responsibility is to provide "competent" advice and act in the client's best interest. However, the principle of Consumer Choice allows a client to select the coverage they desire, provided it meets the minimum legal requirements (e.g., $200,000 Third Party Liability in Ontario).
The RIBO Level 1 Blueprint emphasizes the importance of the "Duty to Advise." If a broker simply issues a minimum-limit policy without explaining the potential for personal financial ruin in a major lawsuit, they are failing in their professional duty. The most appropriate action is to fulfill the request while proactively managing the Errors and Omissions (E&O) risk. By documenting that the client was informed of the risks of being underinsured and explicitly chose to reject higher limits or endorsements (like the OPCF 44R), the broker creates a defensive "paper trail."
This aligns with the Relationship Management competency, where trust is built through transparency. The broker must act as a risk manager, ensuring the client understands that "cheap" insurance often results in significant "out-of-pocket" exposure. Documentation serves as evidence that the broker met the required standard of care by attempting to provide a comprehensive Needs Analysis, even when the client ultimately opted for a lower standard of protection. Identifying this balance between following instructions and providing professional warnings is a core requirement for any entry-level broker seeking to maintain the integrity of their license and protect their brokerage from liability.
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