An agent who collects money from an insured and holds it for payment to the...

An agent who collects money from an insured and holds it for payment to the insurer is acting in a fiduciary capacity. A fiduciary must hold and handle funds for the benefit of the party entitled to them, not for the agent’s personal use. Wrongfully withholding funds would occur if the agent failed to remit or misused the money. Commingling would occur if the agent mixed fiduciary funds with personal or operating funds improperly. Collecting premium or escrow-related money also does not itself provide coverage; coverage arises from the insurance contract and insurer authority. Pennsylvania title agency law specifically requires title agents to collect and hold funds due the title insurer in a fiduciary capacity in appropriate accounts.