633.85 - LIABILITY OF FIDUCIARY EMPLOYING AGENTS.
633.85 LIABILITY OF FIDUCIARY EMPLOYING AGENTS. The fiduciary shall not be personally liable for the acts or omissions of any such specialist, subordinate or agent, unless it can be shown that said acts or omissions would have been a breach of duty by the fiduciary had the fiduciary personally done it, and that, 1. The fiduciary directed or permitted the breach; or 2. The fiduciary did not select or retain the said specialist, subordinate or agent with reasonable care; or 3. The fiduciary did not properly supervise the specialist, subordinate or agent; or 4. The fiduciary approved, acquiesced or cooperated in the neglect, omission, misconduct or default by the specialist, subordinate or agent.
Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 633.85] Referred to in § 633.649