Insurance Agent Negligence Claim


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An insurance agent negligence claim can arise when your insurance agent makes mistakes that lead you to believe you have coverage that you don’t have. If you are the victim of a negligent insurance agent, you may be able to seek compensation for damages.

When you purchase insurance for your home or business, you rely on your insurance agent for adequate coverage after a catastrophic event such as a hurricane or flash flood. You might even develop a long-term relationship with your agent to make sure you get coverage tailored to your specific risks.

Since all insurance policies are not alike, it’s essential that you have appropriate insurance for times such as when a hurricane develops off the coast of Florida. Otherwise, you could lack protection when you need it most.

Although insurance agents are human and make mistakes, if you are lacking coverage that you in fact believed you purchased, you should discuss this with a Miami homeowners insurance attorney. You may have the option of filing an insurance agent negligence claim.

Factors Leading to an Insurance Agent Negligence Claim

An insurance agent negligence claim could involve your agent or broker’s:

• failure to procure requested coverage;
• failure to obtain coverage;
• misrepresentations;
• failure to properly advise clients of coverage; and
• errors and omissions.

Your insurance agent could be held liable for mistakes made unintentionally or intentionally. They may also be liable for their actions and any damage that has occurred as a result of their actions.

For example, suppose you paid for flood coverage and later found out that you lack flood coverage because your insurance agent made a mistake. You could face significant monetary losses if your home or business sustained flood damage.

In this case, you would be eligible to file an insurance agent negligence claim to recover damages caused by the flooding. A Miami homeowners insurance attorney could help you fight to recover the amount you would have received if you had proper insurance coverage.

ABOUT THE AUTHOR: Falk & Falk, PA
STEVEN M. FALK is a civil trial lawyer who has practiced law in Florida since 1968. He has spent the last 42 years helping clients fight the insurance companies. Mr. Falk has and will never represent an insurance company.

He received his undergraduate and his Juris Doctor degrees from the University of Miami.

He is a member of the Florida Justice Association; Association of Trial Lawyers of America; American Arbitration Association; the Dade County Bar Association; and the Florida Bar. He has been named to Strathsmore’s Who’s-Who.

Copyright Falk & Falk, PA
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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