Sunday, October 15, 2017

By Betty Wagner


Ideally, there are a number of issues considered by lawyers prior to handling malpractice lawsuits against insurance agencies. The general issue is usually the legal basis of claims by clients. Though Insurance Agent malpractice claims remain very unique, the cases usually revolve around a few common arguments. Knowledge such arguments will assist in preventing the lawsuits and also in preparing a defense.

The first common malpractice is the failure of the agent to secure coverage. Under this, clients usually happen to have directed their insurance agent to secure a given policy but failed to do so. In the event of a loss, the cover thought to be enforced by the client usually fails give compensation, even though the coverage should have existed. With this scenario, clients often tend to sue agents to get compensation.

Mainly, these cases against the agencies under this issue typically get harder if you as a client you can be able to prove that your proxy was aware of getting the coverage. However, these proxies are not usually liable if the proper cover gets secured as you request but the insurer denies the compensation claims wrongfully. Besides, it is essential for the agents of insurance to have an insight on the procuring coverage for a customer to prevent any omission or occurring error and also the cases of malpractice against them.

A second argument is having a recommended insurance. Usually, this is one tough claim for a complainant to make successfully since the law usually supports the agents. This is because agencies only have the responsibility of securing coverage requested by clients and are necessarily not accountable for any risk management responsibilities. Contrarily, an agent may be held liable for failing to recommend a given coverage to clients when the agency knows of the inherent risks and has previously recommended such covers.

Another argument is special relations to agents. Usually, the argument merits when proxies have full information of insurance requirements of clients and also act as their risk managers. Complainants will, therefore, claim that such agencies need to offer guidance on a proper cover based on their knowledge.

Moreover, agency failing to give full details which pertains a policy is another main malpractice. As a client, you trust your agents to be experts, and thus, the proxies are responsible for disclosure of full details of the policies. Also, you need to get fully educated and aware of the cover you want to subscribe to. These include issues like the cost of the plan, what policy doesn't cover or covers and the factors that will affect your policy rates.

Giving misleading information to clients about the coverage may usually result in a lawsuit against an agency. As a result, it is essential for agencies to know the details of the products while also enacting acceptable business practices in the sale of policies to clients.

Typically, an agent can avoid such lawsuits through engagement in the routine steps in full operations. These include responses which are immediate to the clients, complete interaction document with the client, teaching client on the working and the risks of coverage. Besides, the work policy is within your understanding and knowledge scope.




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