Insurance agent malpractice claims occur when an agent does not meet his or her professional duties. To know if you have a case, it is essential to identify the legal responsibilities of an insurance agent.
FindLaw explains that there are many regulations on the insurance industry and agents, which clearly define professional responsibilities.
Basic duties
Your agent also owes you the truth about your policy. He or she must clearly provide you with the conditions and not misrepresent anything in the policy. It is up to your agent to ensure he or she has the proper knowledge and understanding of any policy he or she sells to you.
If your agent claims to be an expert or specialist in a certain type of insurance, he or she will have higher standards of duty than an agent who does not represent him or herself in this way. You may find it easier to make a claim against this type of agent if she or he is negligent.
Your insurance agent has a duty to provides you with insurance policies that meet your needs. He or she must listen to your requests and adhere to your requirements when providing you with a policy. Your agent needs to ensure the amount of insurance and the type matches your request and needs.
Other responsibilities
If you make a claim to your agent, it is your agent’s responsibility to ensure the claim moves through the proper channels. Your agent also needs to make sure that are aware of any changes with your policy, including cancellation or issues with the insurer.
Your insurance agent cannot misrepresent you in your application. He or she has to ensure all information is correct and true.
