Here is some information about ways of holding an insurance agent responsible for his actions or in-actions. Does an agent have a duty to explain policy terms and coverages to customers? Does an agent have a duty to offer higher limits or additional coverages? Generally, the courts have said the…
Insurance agent mistakes can be a big cause of litigation. Everyone makes mistakes, and insurance agents are not immune. The very complexity of the insurance business creates numerous opportunities for errors and omissions to creep into an agency’s operation. An insurance agent has / serves two masters – the insured,…
Insurance agents who do not sell the insurance policy that was requested by their customer can be held liable for selling the wrong policy or misrepresenting the policy. This is illustrated in the Northern District of Texas, Dallas Division, opinion styled, Steve and Ellen Malone v. Blue Cross and Blue…
Here is a case where the insured’s are claiming the agent misrepresented a policy. The style of the case is Frederic Muratore and Lillian Muratore v. Texas Farmers Insurance Company, and McKenzie Shoaf. The case is from the Southern District of Texas, Houston Division. The Muratore had purchased flood insurance…
As most insurance law attorneys can tell a prospective client: An insurance agent does not have a responsibility to explain the terms of the policy. As in most laws, there are exceptions based on the facts of each given situation. The Western District of Texas, Austin Division, issued an opinion…
Here is a list of responsibilities that insurance agents can be held responsible for failing to perform or performing incorrectly. A. From a 1948, El Paso Court of Appeals opinion styled, Burroughs v. Bunch, an insurance agent has a duty to procure the coverage entrusted to his care, or failing…
In order to hold a person liable for his/her acts or omissions, the thing complained of must violate a duty which the law recognizes. This is easily understandable in the case of a collision resulting from running a stop sign. The law imposes a duty of drivers to stop at…
A new law, Texas Insurance Code, Section 542A.006(a) matters in this case. The case is from the Western District of Texas, Austin Division. It is styled, Yan Qing Jiang v. The Travelers Home and Marine Insurance Company and Dana Ellen Pustka. Jiang filed this action in state district court alleging…
Many times an insurance agent makes mistakes and those mistakes cost his customer, the insured. An experienced Insurance Law Attorney should be able to recognize when an agent violates a duty he owes to his customer. There are arguably several duties that exist for insurance agents in Texas, among them:…
Here is a case where an insurance law lawyer sued an agent and was able to prevent the case from being held in Federal Court. The case is from the Southern District of Texas, Houston Division, and is styled, Mary’z Mediterranean Cuisine, Inc. v. Blackboard Insurance Company f/k/a Hamilton Insurance …