In its brief, UP argues that he 2016 and 2019 amendments to A.R.S. § 20-259.01(A) and (B) purported to create a safe harbor barring common-law clams for professional negligence against insurance agents and brokers, and creates a safe harbor for them if they used an approved form offering UIM coverage. UP argues that these amendments violate the anti-abrogation clause and are thus unconstitutional. UP goes on to add that:
I. For centuries, American courts have allowed common-law negligence actions against insurance agents and brokers who fail to procure the insurance that their clients want and need; and
II. Legal commentators have also long recognized existence of a tort duty for insurance agents and brokers to procure the insurance that their clients want and need.