Agent And Broker Malpractice
Holding Your Insurance Agent Or Broker Accountable
Mannion Lowe & Oksenendler, P.C., represents consumers who are having issues with their insurance policies, including disputes over coverage, bad faith refusals to pay benefits or defend third-party claims, and allegations of insurance agent and broker malpractice.
To learn how our attorneys can help you resolve any type of insurance dispute, we invite you to send us an email now.
Malpractice Versus Bad Faith
A claim of insurance bad faith is based on the contractual relationship between the insurance company and the policyholder. Independent insurance agents and brokers generally cannot be included in bad faith actions against the insurance company. They can, however, be sued for their own negligence, malpractice, or breach of duty.
Fiduciary Duties Of Insurance Agents And Brokers
Agents and brokers owe different levels of fiduciary duties to their clients. At the very least, they are expected to perform their work competently, which includes completing and filing paperwork in an accurate and timely manner. If a person or business suffers a loss, but the policy is not in effect because the agent failed to file the paperwork in a timely manner or complete it properly, the agent may be liable for the damage caused. This duty applies whether the policy involves a commercial insurance matter, a homeowners’ policy, or any other line of insurance.
Agents, and brokers especially, may also have a fiduciary duty to sell the right types and amounts of insurance that are appropriate to their customers’ needs. The average consumer of insurance is likely to be much less sophisticated and knowledgeable about how insurance works and will likely rely on the explanations and promises made by the insurance professional. Depending upon state laws and how much the agent or broker is licensed and regulated by the state, the insurance professional may also be expected to take an active role in analyzing the individual or business needs and recommend a policy appropriately.
The Experienced Legal Representation You Need
If you believe you have been the victim of fraud or misrepresentation regarding the type of insurance you were sold, including what was covered and excluded, if you were sold insurance that you did not need, or if the negligence or incompetence of a broker or agent has caused you harm regarding your claim, contact Mannion Lowe & Oksenendler, P.C. for sound advice and professional representation from a team of experienced insurance law attorneys. Please send us an email, or call 800-724-6188 today.