Insurance Agent Negligence

Insurance Agent Negligence

Insurance agents may be negligent in selling and handling various types of insurance policies, including fire, homeowners, disability, and medical insurance.

Insurance agent negligence may occur when you purchase your policy and/or during conversations or letters between you and your agent. Your insurance agent should counsel you, and present the appropriate type and amount of insurance to meet your needs. Mistakes do happen. While some of these mistakes are simple human error, other oversights may be driven by an agent’s desire to just sell a policy. Conduct that may lead to insurance agent liability includes, but is not limited to:

  • Giving poor advice about the type of insurance to purchase
  • Recommending insufficient coverage
  • Neglecting to completely explain the terms of a policy and/or your rights and options
  • Failing to get the coverage he/she promised you
  • Failing to file documents with the insurance company
  • Including inaccurate information on insurance forms and applications
  • Failing to inform you of coverage changes
  • Retaining premiums instead of paying the insurance company

Establishing insurance agent negligence often hinges on your relationship with the agent, and to what extent you relied on the agent when choosing, purchasing, and/or handling a policy. Relevant issues usually include:

  • Whether the agent received a fee for advice
  • How many meetings and/or discussions you had with the agent
  • How many policies you bought from the same agent
  • Your level of sophistication and knowledge regarding insurance policies and procedures


A successful insurance agent negligence claim may allow you to receive the difference between the coverage provided and the coverage that you would have received if not for your agent’s negligence. You may also receive payment for additional damages, such as attorneys’ fees and compensation for worry, anxiety, inconvenience and any other emotional distress you may have suffered.

Seek Experienced Representation

Insurance agent negligence claims are usually very complex. You need an experienced attorney like Scott who knows the insurance industry and its practices to establish every element of negligence. If your insurance agent has been negligent, contact us today for a free initial consultation.