It is not unfair to say that an insurance company is going to be liable for the acts of its agents 95% of the time. Insurance companies, like other entities, can act only through agents. Insurance companies rely on agents to sell their policies, to underwrite potential insureds, and to…
Texas insurance law lawyers should be able to turn to the Insurance Code and know this section that relates to insurance agents. The section is 4001.053. It says an agent also may be personally liable for performing acts on behalf of an insurance company. This is supported with case law…
Most Dallas insurance lawyers in Dallas and Fort Worth know the ways agents and adjusters can liable for their actions in selling a policy or handling a claim. Just as an insurance company is liable for its own misconduct, so too agents may be personally liable for their misdeeds, even…
The Western District, San Antonio Division issued an opinion in a case that helps an insurance company keep his client’s case out of Federal Court by suing the insurance agent. The opinion is styled, The New World Baptist Church, LLC v. Nationwide Property and Casualty Insurance Company, Kevin P. McLoughlin,…
The above questions get some attention in a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Co. v. Coats. The insured’s owner met with a soliciting agent of Celtic to discuss buying insurance. The owner advised the agent that he wanted a policy providing benefits for psychiatric care equal…
The above question comes up more often than it should. The short answer is no. A 2000, San Antonio Court of Appeals case styled, Nwaigwe v. Prudential Property & Casualty Insurance Company, discusses the agent’s responsibility. Moses Nwaigwe sued Prudentail and its agent, William Eckert for failing to disclose a…
Read The Policy! This is what all insurance agents tell their clients. The insurance company agent is not responsible for telling you what is in the policy. This is illustrated in a 1983, Texas Supreme Court opinion styled, Parkins v. Texas Farmers Insurance Company. As a prerequisite to obtaining financing…
Mason County insurance lawyers learn pretty quick that an insurance agent does not have to tell a customer everything about the insurance policy they purchase. This is illustrated in a 2000 San Antonio Court of Appeals opinion styled, Nwaigwe v. Prudential Property & Casualty Insurance Company. Moses Nwaigwe sued Prudential…
Many people get their insurance through a broker. Can a broker be liable the same as an agent. The short answer is “yes.” A 1995, Houston Court of Appeals [1st Dist.] discusses an issue with a broker. The opinion is styled, Seneca Resources Corp. v. Marsh & McLennan, Inc. Marsh…
For most lawyers practicing insurance law, the above question may be obvious. But there are situations where it is not so obvious and even though one may assert the act of agency, it is not. A Houston Court of Appeals [14th Dist.] opinion illustrates a situation where the alleged agent…