Wis JI-Civil 1023.6

An insurance agent, such as (defendant), must use the degree of care, skill, and

judgment which is usually exercised under the same or similar circumstances by insurance

agents licensed to sell insurance in Wisconsin.

While there is no duty to advise the policy holder of coverages available, the agent

must use reasonable skill and diligence to put into effect the insurance coverage requested

by his or her policy holder, act in good faith towards that policy holder, and inform him or

her of the minimum statutory requirements. A failure on the agent's part to use that skill

or diligence constitutes negligence.

[If evidence as to a special relationship is shown, then add the following:

(Plaintiff) contends that a special relationship existed between (him)(her) and

(defendant).

If a special relationship did exist, then ________________ had the duty to advise

________________ about the types of insurance coverages that would be available to

(him)(her) and the amount of insurance coverage that would be appropriate for (him)(her).

In determining whether a special relationship existed, you should consider the

following factors:

1. Whether (defendant) held (himself)(herself) out to the public as a skilled

insurance advisor or consultant;

2. Whether (defendant) took it upon (himself)(herself) to actually advise

(plaintiff) on the coverages (plaintiff) should have beyond the usual

relationship of agent and policy holder;

3. Whether the policy holder relied on the agent's expertise;

4. Whether an additional fee was paid to the agent for special consultation and

advice; and

5. Whether there was a long established relationship of entrustment between

the agent and the insured.

If you find that a special relationship existed between (plaintiff) and (defendant),

then (defendant) had the duty to advise (plaintiff) about available insurance coverages and

recommend the appropriate amount of insurance coverage necessary to protect the

insured.]

[If contributory negligence is an issue, then give the following:

An insured, such as (plaintiff), has a duty to use ordinary care when purchasing an

insurance policy. Ordinary care is that degree of care that a reasonably prudent person

would use under the same or similar circumstances.

When purchasing a policy, an insured must advise his or her agent of the type of

insurance wanted, including the limits of the policy to be issued. An insured must read the

policy once it is delivered to determine whether it provides the insurance coverage

requested. However, an insured is not bound to comprehend every term and condition in

the policy. An insured is only required to act as a reasonably prudent person would act

under the same or similar circumstances. A failure to exercise ordinary care by the insured

constitutes negligence.]