As Florida personal injury lawyers, we talk to people about insurance all the time. Recently, we have encountered several situations with clients and potential clients where insurance agents have clearly failed to help their clients procure the insurance coverage that they wanted or really needed. Generally, insurance agents owe their clients/customers a fiduciary duty to look out for their clients’ best interests, and to use their professional expertise to advise clients about what their insurance needs are or should be. When an insurance agent does not properly execute this job, and does not give sound advice to a client, the insurance agent can be held liable if the event or condition the client was concerned about happens and the client suffers damages. It occurs to me that certain insurance agents fail to take this responsibility very seriously, and often seem to approach their customers with a cookie-cutter mentality or philosophy. It sometimes seems that insurance agents are more interested in selling the particular products or lines of coverage that the insurance companies want to sell, rather than selling the exact product that would be most helpful (or perfect) for their client. It is important to note that an agent’s duty to his client doesn’t stop the minute the policy is purchased. We have recently been successful in collecting damages for a client who received notice of a potential claim, but was told by their insurance agent not to report the notice letter they received to their insurance company. It was the agent’s insurance company — and the agent’s errors and omissions (i.e. malpractice) coverage that ultimately paid our client’s damages. If you have any questions regarding the purchase of insurance coverage, or if you think that your insurance agent caused you damages by doing a poor job helping you procure insurance coverage, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...Read More »
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