Nothing in the law, as enacted by the Legislature, required insurance agents to explain the benefits of uninsured-motorist coverage. So Rio Grande Insurance and Dairyland dodged the bullet. They had no duty to explain rejection to Genara while she was in the office buying a policy. They had no duty to later explain it to Joe. The Vigils lost their appeal.
Duties are all over the place.
Some stem from contracts, in which private people and organizations work out a kind of private law between themselves. Others exist because of statutes, such as the Uninsured Motorist Act in the Vigils' case. Judges have created many duties down through the years. For example, courts always impose a duty of good faith and fair dealing in contractual relationships, although the agreement itself doesn't say so. Court-created duties are most common in the law of injuries to people and their property.