Tag Archives: Agent Negligence

Action Against Broker Is Time Barred — Insured Knew or Should Have Known of Deficient Policy Limits Upon Receipt of Insurance Policy

Upon notice that an insurer will no longer insure a specific risk, insureds often call their broker or agent and request they obtain the insurance from another carrier with the same or similar coverages relative to the cancelled policy. Assuming the agent or broker did so, many insureds may not review or read their new … Continue Reading

Insurance Agents and Determining Coverage Limits for Buildings

The above photograph depicts the panel I was on at the Florida Association of Insurance Agents Convention last week. It was a wonderful presentation moderated by a fantastic insurance educator, David Thompson. The workshops, myriad insurance vendors, and networking opportunities opened my eyes about a truly important association which dedicates itself to promoting professionalism by … Continue Reading

Can an Insured’s Failure to Read the Policy Be an Absolute Defense to a Negligence Action Brought Against an Agent?

In my previous blog, I discussed whether an insurance agent’s negligence can be imputed to the insurance company that issued the policy. I referenced a case entitled Desai v. Farmer Insurance Exchange,1 where the insured filed suit against the agent and the insurer when he realized that after a loss he did not have the … Continue Reading

Agent Negligence and Insurer Vicarious Liability

In California, an insurance agent who fails to procure insurance coverage requested by an insured can be sued for professional negligence. Well, can an agent’s negligence be imputed to the insurance company that issued the policy? The answer is yes, especially when the agent is a "captive" agent, i.e., an agent who works for one … Continue Reading

Agent Held Responsible for Underinsurance

I have made it a point to blog about an insured’s responsibility when it comes to obtaining insurance policies and the right kind of coverage. In California, having the sole allegation that a broker or agent didn’t provide the right policy when an insured didn’t read the policy is usually a losing argument for liability … Continue Reading

Agent Held Responsible for Underinsurance

Over the last few weeks I have made it a point to blog about an insured’s responsibility for obtaining insurance policies and the right coverage. We all know that having the sole allegation that a broker or agent didn’t provide the right coverage amount when an insured didn’t read the policy is often a losing … Continue Reading

Insurance Broker Negligence in North Carolina – Part 1

I previously wrote a series of blogs concerning broker negligence in New Jersey. I thought I would extend that series now into North Carolina. Under North Carolina law, “[n]egligence is the failure to exercise proper care in the performance of a legal duty which the defendant owed the plaintiff under the circumstances surrounding them.”1 North … Continue Reading

Broker Negligence and Attorneys’ Fees in New Jersey

When you are dealing with damage to a client’s property and attempting to recover insurance proceeds, one of the first questions raised is in reference to attorneys’ fees. The client wants to know if the party that has wronged them will be responsible for their costs and expenses in recovering the insurance proceeds. Unfortunately, New … Continue Reading

Read Your Policy – The Courts Reaffirm Policyholders Have a Duty to Make Sure there is Coverage

The hardest part of insurance policy interpretation is telling a client that there is no coverage for their loss. I know I’ve written about this subject many times, but the topic merits revisiting in light of a recent Ohio Court of Appeals decision. Whether property insurance for homeowners, or coverage for commercial businesses, part of … Continue Reading

New York Expands Broker Negligence in Favor of Policyholders

In a recent decision, the New York Court of Appeals expanded a Policyholder’s ability to hold a broker liable for negligence. The court confirmed its recognition that under certain circumstances a duty exists whereby an insurance broker is liable for its failure to advise clients of the need to procure additional or sufficient coverage. The … Continue Reading
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