Florida insurance agent negligence is a problem that Wells Law Group, P.A., is well familiar with handling. The success of a case against an insurance broker depends upon the unique facts of the case which must be carefully reviewed with an attorney. We recommend using In some cases, the defendant may contend that the plaintiff's own negligence contributed to his injury. Contributory negligence and comparative negligence are legal doctrines used by courts to assign fault for injuries sustained in accidents. Insurance agents must also remind you in advance of when a specific policy is set to expire. Ultimately, insurance agent negligence cases are notoriously complex. A real estate agent is fraudulent if … Contact us at 813-413-7377. You may also be able to seek damages for the inconvenience and emotional costs of being denied the expected coverage. Read More, You’ve met with a client, quoted plans, and completed and submitted the application. The insurance industry is pushing to impose drastic limitations on people’s ability to sue when they are seriously harmed by insurance agent errors, omissions, and negligence. Specific duties are spelled out in more detail in each state’s codes or statutes, but there are many similarities across the board. In some cases, an insurance agent’s actions (or inaction) may rise to the level of negligence. It can also be an error on your part that later leads to your client being denied coverage. Types Of Agent Negligence. Many brokers and agents are skilled and capable professionals who help individuals and businesses obtain the appropriate amount and type of insurance for their insurance needs. All rights reserved. An insurance agent negligence claim can arise when you, the agent, make a mistake that leads your client to believe they have coverage that they don’t have. An insurance agent's negligence, or omission, can result in the denial of coverage, or even cancellation, of your insurance policy after the claim. Specific duties are spelled out in more detail in each state’s codes or statutes, but there are many similarities across the board. Google Chrome, Visit our professional site », Created by FindLaw's team of legal writers and editors Agent negligence can also arise if they fail to transmit notice of a claim, or engage in other acts during the claims process which damage the insureds ability to receive policy benefits. However, if you were denied coverage or suffered other damages because of insurance agent negligence, you could be entitled to a large sum. The bottom line is to remain ethical, do the right thing, and be honest with yourself and with your clients. Often insurance claims are denied due to the lack of coverage applied for or misinformation given to the applicant by an agent or broker. Your client can file a claim against you for the following reasons: failure to procure requested coverage, failure to obtain coverage, misrepresentations, failure to properly advise clients of coverage, and/or errors and omissions. Request Your FREE Consultation Today By Calling Us At … We offer a free Compensation for Insurance Agent Negligence. If you are the victim of a negligent insurance agent, you may be able to seek compensation for damages. According to FindLaw, in order for your client to sue you on the grounds of negligence, generally, they must be able to prove the following: The consequences of insurance agent negligence can be quite grave – for you and your client. October 1 is when you can begin marketing the next year’s plans to your clients. The types of damages you can seek in a lawsuit for negligence are generally more limited than those for intentional actions like insurance fraud, and limitations vary by state. 2016 July. We encourage you to steer clear of any of these wrongdoings not just to avoid the consequences, but so your client doesn’t experience the detrimental outcome. The following actions may amount to insurance agent negligence in your state: Additionally, agents who hold themselves out as experts or specialists in a given area usually owe you an even higher duty of care. Please try again. What Can MAPD Insurance Agents Do Prior to AEP? However, because insurance agents are compensated by commission, some agents are willing to cut corners in order to make a sale. FRCP 1, for example, says: “These rules govern the procedure in all civil actions and proceedings in the United States district courts…They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and … Failing to get insurance coverage for you: Insurance agents who fail to procure the insurance for clients, as promised, are also negligent. 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