Tag Archives: Agent Negligence

Insurance Agents Play An Important Role In Everyday Life

David Thompson of the Florida Association of Insurance Agents (FAIA) is a premier insurance agent educator who spends most of his time on the road teaching insurance agents how to ply their trade. This morning, I was on a panel moderated by Thompson, with insurance agent defense attorney Jessica Kirkwood-Alley and insurance expert Brent Winans. … Continue Reading

Buyer Beware: Negligence Claims Against Your Agent May Arise On The Day You Get Your Policy!

The Illinois Supreme Court recently overturned the Court of Appeals’ decision in American Family Mut. Ins. Co. v. Krop, 82 N.E. 3d 533, 2017 IL App (1st) 161071 (Ill. App. 2017). As discussed in my post on June 14, 2017, the Illinois Appellate Court had concluded that the insured’s claim against their agent for negligent … Continue Reading

Can an Insured Recover from Their Insurance Broker If the Broker Fails to Obtain the Coverage Requested, or Misrepresents Coverage?

If an insurance broker fails to obtain the insurance coverage requested or misrepresents the scope or extent of coverage, does an insured have a claim against the broker when the insurance they expected to cover their loss does not as a result of the broker’s negligence?… Continue Reading

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
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