What degree of care does the fiduciary relationship between an agent and a client require that the agent give the client?

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In a fiduciary relationship, the agent has a legal and ethical obligation to act in the best interests of the client. This obligation imposes the highest possible standard of care, which is known as "utmost care." It means that the agent must place the interests of the client above their own and must act with the highest level of integrity, loyalty, and trustworthiness.

In practical terms, this involves thoroughly understanding the client's needs, providing comprehensive and accurate information, and giving advice that is solely in the client's best interest without any conflict of interest. The agent must also work diligently to ensure the client's financial well-being, taking every reasonable precaution to protect the client’s interests, especially in matters concerning insurance and financial planning.

This high standard contrasts with options like due care, due diligence, and reasonable care, which while important, do not convey the elevated level of responsibility that a fiduciary relationship entails. Therefore, the requirement for utmost care is essential in ensuring that agents maintain the trust placed in them by their clients.

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