Buying an insurance policy does not always guarantee coverage in the event of an accident or injury. Yet, people who buy insurance to protect themselves have a reasonable expectation of receiving coverage when it is needed. Unfortunately, insurance claims are denied for many reasons. In some cases, denials are because the insurer does not believe its insured is legally liable for the injury (sometimes referred to as a liability denial). Or in cases where the policy purchased might simply not cover the event causing the damages, a claim is denied based on lack of coverage. However, in a fair amount cases, denials are due to insurance agent or broker negligence.
Because of the tight relationship between the insurance company and the agent or broker who sells its products, insurance agent or broker malpractice cases are particularly challenging. Insurance companies typically want to stay on good terms with agents or brokers through whom they sell policies. It is often difficult to determine if a denial was possibly due to negligence on behalf of the insurance agent or broker.
If you or someone you know has had a claim denied due to lack of coverage, it could be the fault of the insurance agent or broker. Call 404-THEBAER (404-843-2237). Atlanta insurance agent or broker malpractice lawyer Bryan Baer will meet with you in a free consultation to answer your questions.
Insurance agents, particularly commercial brokers and full-service agents help people seeking insurance obtain the desired insurance products. As a trusted advisor, they are required to understand the insurance needs of their customers based on information the customer provides and guide their customers into the right insurance coverage for their needs (business, home, auto, etc.) – not just fill out forms.
Obtaining coverage is usually just the starting point. A diligent insurance agent remains engaged with their insured customer year over year to make sure that the coverage purchased is the coverage needed over time. Likewise, insureds have an obligation to update their insurance agents or brokers when life or business activities change.
Failing to perform this job according to industry standards in place can result in errors, omissions and mistakes. Any act that impairs the insured person’s ability to obtain policy benefits can subject the insurance agent or broker to liability claims for damages.
Here are some common situations where insurance agent or insurance broker negligence might apply:
Atlanta, Georgia personal injury attorney Bryan Baer has handled hundreds of cases involving insurance agent or broker malpractice. The case below demonstrates how courageous and compassionate representation can lead to successful results.
Attorney Bryan Baer represented a young girl who was seriously injured on a giant inflatable slide at a state fair. Her injury was due to the negligence of the company who supplied slide and attended to its operation at the fair. Attorney Bryan Baer sued the company that operated the inflatable, but the insurer denied coverage. The insurer’s basis for the denial was that in the insurance application, the insurance agent did not give the insurer sufficient information that the company would be operating large inflatables – which the insurer claimed was a risky business requiring higher premiums than charged. After the Court upheld the insurer’s coverage denial, attorney Bryan Baer pursued an insurance broker malpractice claim against the insurance agency that failed to get the proper coverage and obtained a recovery for the young girl that totaled hundreds of thousands of dollars.
If you or someone you know has had a claim denied due to lack of coverage, it could be the fault of the insurance agent or broker. Attorney Bryan Baer is one of the few insurance agent or broker malpractice attorneys in Atlanta, Georgia with extensive knowledge in this area and expertise to maximize results. Call 404-THEBAER (404-843-2237) or fill out our online contact form so we may discuss your case in a free consultation.