STATE LAW – NORTH DAKOTA LIBRARY – GUIDE 10
North Dakota Insurance Agents, Applications & Failure to Procure Coverage
When expected coverage is missing or materially different from what was requested, the application and procurement record may create issues separate from interpretation of the issued policy.
Current-law review: September 25, 2026.
- Obtain applications, quotes, proposals, renewals and change requests.
- Preserve communications concerning requested limits and coverages.
- Identify the producer’s role and relationship to the insurer.
- Compare requested coverage with the policy and endorsements actually issued.
North Dakota insurance producers generally must act in good faith and follow instructions
Rawlings v. Fruhwirth and APM, LLP v. TCI Insurance Agency explain that an insurance agent ordinarily must act in good faith and use reasonable care in following the insured’s specific instructions.
No unlimited duty to identify every coverage gap
North Dakota does not impose a general duty on an agent to procure unrequested coverage merely because a gap exists. A negligent-procurement claim should therefore identify what coverage was requested, what the producer undertook to obtain, what was issued, and whether the alleged failure caused the uninsured loss.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Sources
Verify current North Dakota law at the source
The reviewed North Dakota guide content above is preserved. Use current statutes, insurance regulation, controlling cases and the operative policy before legal reliance.
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