SHAPIRO, J.
UNPUBLISHED Wayne Circuit Court
LC No. 14-007723-CB Before: METER, P.J., and SHAPIRO and O'BRIEN, JJ. SHAPIRO, J. (concurring)
I disagree with the majority's conclusion that under Harts v Farmers Ins Exch, 461 Mich 1; 597 NW2d 47 (1999) an independent insurance agent owes no general duty to advise an insured about the adequacy of coverage. That case addressed whether a captive insurance agent, i.e., an insurance agent whose principal was the insurer not the insured, owed a general duty to advise an insured about the adequacy of coverage. See id. at 6-7. It did not, however, address whether an independent insurance agent, i.e., an insurance agent whose principal was the insured, owes the insured a duty to advise with regard to the coverage procured. Accordingly, I would conclude that defendant did owe plaintiff a duty. However, I concur in the result because plaintiff failed to present sufficient evidence that the duty to advise regarding coverage was breached.
/s/ Douglas B. Shapiro