Insurance Producer means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. The term insurance producer does not include title insurance agents or surplus lines brokers.
Before an insurance policy can be issued, the prospective insured must apply to the insurance company. The producer and the applicant fill out an application form that is then forwarded to the insurance company. The application is the insured's offer. An offer is one of the necessary elements of a contract.
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Vision Metals, Inc., owned and operated a pipe manufacturing facility that caused groundwater contamination. The Texas Commission on Environmental Quality (TCEQ) issued a plan that obligated Vision to treat the water and monitor the treatment. Later, Vision sold the property to White Lion Holdings, LLC. Bernard Morello, the sole member of White Lion, knew of the environmental obligations accompanying the property. When White Lion failed to comply with the TCEQ plan, the agency filed a suit in a Texas state court against Morello, asserting violations of the state's environmental rules. Morello was charged with personally removing the facility's treatment plant and monitoring system. Considering the nature of an LLC, what is Morello's best argument that he is not liable? Is this argument likely to succeed? Explain.