DGAA bLAWg

Insurance Agent Negligence: The Duty Agents Owe to Their Customers

Web Admin - Tuesday, March 04, 2014

illinois insurance agent negligence lawyerInsurance agents often act as a person’s main point of contact throughout the process of procuring an insurance policy. This means people are relying on insurance agents to do their job thoroughly, carefully, and professionally. To that end, the law imposes a duty of reasonable care on insurance agents to ensure that they perform their jobs accurately. 

The fact that agents have this duty means that if the agent harms a customer through their negligence, they may be liable to that customer in court for the damage that their insurance negligence caused. Generally speaking, these sorts of claims for negligent errors and omissions come in two forms: improperly filing or filling out insurance paperwork, and failure to properly counsel the client on the type of insurance they need.

Types of Insurance Agent Negligence

Insurance agent negligence often occurs in an agent’s clerical capacity. An agent must exercise reasonable care in the filling out of insurance paperwork to make sure that the insurance company provides coverage and that the policies are properly updated. An example of this sort of negligence in the realm of car insurance would occur if a person wanted to add someone to their insurance policy, and yet after informing the agent, the agent never properly filed the paperwork to add them to the policy. If the new person, who should be covered under the insurance, was in a car accident, the agent would be liable for the person’s lack of coverage.

Insurance agents also have a duty to exercise ordinary care when advising clients about the types of policy they need, along with possible limits and exemptions of the policy. This claim comes up often in the case of policy exclusions, which are special circumstances in the insurance policy for which the company refuses to pay. These exemptions can often be long and complex, which means that the insurance agent may be liable for negligently advising the customer if they do not make the exclusions clear. 

For an example of this, consider a person buying homeowner’s insurance who explicitly wants coverage for every item in their home in the case of a fire. If an agent provides them a policy that excludes jewelry or some other class of property, the insured might have a claim against the agent for negligent errors and omissions.

The Statute of Limitations

Statutes of limitations are time limits that the law places on people looking to file lawsuits. In the case of insurance agent negligence, Illinois law limits people to two years to file the suit once the person has a cause of action. However, that time limit can be deceptively complicated since it does not say when a person has a cause of action. Generally, courts start the clock running once the insurer first takes a position that runs against the insured’s expectations. That can mean in some cases the insured needs to act quickly, since it is possible that their underlying insurance case will not even be finished before the statute of limitations related to the agent expires.

If you believe you have been the victim of insurance agent negligence, find an Illinois insurance attorney near you. They can help protect your rights in court and ensure that you recover fair compensation for the harm done by negligent insurance agents. Our firm represents people across the northwest suburban area, in towns like Rolling Meadows, Buffalo Grove and Barrington.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Unpaid Life Insurance Benefits are a Billion Dollar Problem

Web Admin - Thursday, January 23, 2014

By Ken Apicella
kca@dgaalaw.com
(847) 934-6000

A recent probe of insurance companies conducted by New York State’s Department of Financial Services revealed that, nationwide, insurance companies failed to pay an estimated $1.1 billion in life insurance to beneficiaries. The issue stems, in part, from a lack of communication between policyholders and beneficiaries. If the policyholder never informed the beneficiary that they took out a life insurance policy, the beneficiary would not know to file a claim. This causes problems because insurance companies rely on beneficiaries to report when someone dies in order to claim their benefits.

At least, that used to be the case. Following this probe and similar investigations across the country, including in Illinois, insurers are starting to follow a different set of rules. For instance, in New York, Governor Cuomo signed a law that requires insurers to make routine searches of a death database in order to determine if any new deaths matched policyholders, so that they could start the process of finding that person’s beneficiary.

The Governor introduced this law in order to put to rest the apparently common practice of using such databases to track the deaths of people to whom the insurance company owes monthly checks, without using those same databases to track the deaths of policyholders.

The investigation also prompted more stringent enforcement of rules requiring insurers to turn unpaid benefits over to the state in some circumstances. Many states run unclaimed property departments. These departments hold on to the property, and then it becomes the beneficiary’s burden to track it down. Fortunately, with some careful planning, policyholders and beneficiaries can avoid problems like this.

The easiest way to make sure your loved ones do not have to spend time tracking down an insurance policy is with communication. If you take a life insurance policy out on yourself, tell the beneficiary. While some people can find it unpleasant to discuss or difficult to go into the details of how much they chose to purchase, you do not need to do that. It does not have to be a long, drawn-out conversation. Even just letting them know that you took out a policy, as well as which insurance company they should talk to if necessary, can be helpful.

If you have found yourself involved in an insurance dispute, contact a Palatine insurance attorney today. Call 847-934-6000 to speak to a member of our team. We serve many northwest areas including Rolling Meadows, Chicago, Crystal Lake, Inverness, and other nearby communities.


Recent Posts


Tags

Barrington business law firm Inverness personal injury attorney Des Plaines claims law firm insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois estate planning law firm pet law healthcare claims Long Grove real estate lawyer Affordable Care Act Des Plaines drug lawyer commercial real estate Des Plaines DUI attorney BAIID gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois home inspection car crash Schaumburg construction accident lawyer living trust vs will FMLA holiday statistics drunk driving statistics car accident Des Plaines insurance attorney pain and suffering hands free device vacation home Chicago employment lawyer anesthesia errors Rolling Meadows litigation lawyer auto accidents Rolling Meadows traffic attorney motorcycle accident Palatine trusts lawyer Illinois lawyer cell phone Federal Food Drug and Cosmetic Act Illinois corporate lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys estate planning lawyer defective products estate planning attorney personal injury senior citizens preventing accidents traffic deaths corporate law Buffalo Grove corporate attorney Illinois employment law loss of consortium unpaid assessment digital information Food and Drug Administration's Food Safety Modernization Act DMV Rolling Meadows criminal lawyer Palatine traffic accidents real estate zoning Schaumburg employment attorney Crystal Lake medical malpractice lawyer Landlord Tenant Ordinance Buffalo Grove injury lawyer comp time Illinois business lawyer Long Grove real estate attorney elder law icy parking lots Schaumburg estate attorney Illinois red light cameras Chicago estate planning lawyer brain injury job lawyers Des Plaines accident attorney Illinois pedestrian accident attorney Arlington Heights injury attorney Buffalo Grove traffic lawyers Illinois personal injury lawyer boating under the influence traumatic brain injury Deer Park workers compensation lawyer real estate closing foreclosed rental property civil rights violation installment contracts bicycle dooring accidents Illinois Probate Act of 1975 medical marijuana BUI Barrington employment attorney IRA trust transfer DUI defense trustee Chicago corporate attorney eluding a police officer mortgage civil litigation workers compensation Illinois estate planning attorney Illinois insurance attorney Illinois workers compensation attorney Illinois criminal defense attorney changes to mortgage law tax attorney minimum wage spinal cord injury Schaumburg personal injury lawyer unpaid overtime crossover accidents Crystal Lake employment law attorney Arlington Heights wills and trusts lawyers Des Plaines real estate lawyer Inverness estate planning lawyer Illinois traffic ticket lawyer workplace sexual harassment rumble strips Colin Gilbert Crystal Lake law firm Buffalo Grove traffic attorney dram shop law Barrington estate planning lawyer insurance claims Illinois workplace lawyer swimming pools trusts Illinois employment lawyer Super Mario Chicago trucking accident attorney insurance negligence Transfer on Death Instrument Palatine civil litigation lawyer homestead rights murder defense foreclosure Deer Park criminal attorney attorney fees accidental death benefits pay when paid contract Des Plaines pet law attorney Buffalo Grove personal injury lawyer Arlington Heights wills and trusts attorneys Mount Prospect wills and trusts lawyers Illinois LLC creation Illinois attorney commercial leasing Crystal Lake injury attorney estate tax workers comp drunk driving Buffalo Grove personal injury attorney Schaumburg real estate lawyer real estate attorneys owner responsibility Arlington Heights trucking lawyer Des Plaines personal injury lawyer expungement Rolling Meadows car accident lawyers living wills Mt Prospect Attorney GM ignition switches IRS Rolling Meadows criminal attorney Illinois Workers’ Compensation Commission traffic laws deed transfer Rolling Meadows DUI lawyer murder charges meal breaks trust payments Arlington Heights insurance attorney Arlington Heights pedestrian accidents Barrington boating accident attorney employment law, Illinois employment laws Detainer Actions Inverness real estate attorney Illinois wrongful termination lawyer Schaumburg estate planning lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys trucking accident lawyers coronavirus Barrington drug crime attorney Buffalo Grove car accident lawyer irrevocable trust Mount Prospect real estate lawyer insurance dispute attorney Schaumburg Attorney Illinois mortgages Illinois law personal injury claim Schaumburg criminal attorney Barrington civil litigation attorney insurance attorney Illinois motorcycle accident lawyer DNR Barrington personal injury attorney Illinois insurance disputes Inverness elder law lawyer Chicago insurance law firm Illinois job attorney Des Plaines motorcycle accident attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine employment law lawyer Palatine injury attorney construction contracts Rolling Meadows personal injury lawyers Rolling Meadows business lawyer guardianship attorney CAM Arlington Heights accident attorney Illinois insurance claim dispute lawyer Palatine real estate lawyer Kenilworth estate planning attorney field sobriety test Rolling Meadows insurance dispute lawyers, insurance dispute Forcible Entry insurance disputes Palatine estate planning lawyer Crystal Lake criminal defense attorney Des Plaines civil attorney disability benefits employee misclassification low-ball insurance settlement uninsured motorist overtime violations Illinois Smoke Detector Act Schaumburg car accident attorney Des Plaines drug crimes lawyer Buffalo Grove employment lawyer Crystal Lake traffic lawyer employment attorney Liquor Control Act Crystal Lake bike accident lawyer Illinois will lawyer Long Grove estate planning attorneys speeding Rolling Meadows employment attorney Schaumburg elder law lawyer Rolling Meadows employment law attorneys Rolling Meadows probate lawyer manufacturing Rolling Meadows drug defense attorney Illinois Illinois tax attorney Arlington Heights employment law attorneys Palatine drug lawyer ken apicella probate process Illinois insurance lawyer blood alcohol content Crystal Lake will lawyer whistleblower protections estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, estate plan trauma after an accident jet ski accidents Palatine punch death Illinois employee rights attorney. wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois speeding lawyer first degree murder Illinois DUI attorney Chicago attorney Crystal Lake insurance lawyer new real estate form Jay Andrew Illinois Human Rights Act Crystal Lake employment attorney rent to own real estate contracts contracts Illinois trucking safety operating agreements elder abuse residential real estate Crystal Lake car accident lawyer trench injuries commercial leases real estate leasing Rolling Meadows personal injury attorney product liability Crystal Lake medical malpractice law firm Inverness DUI lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows insurance dispute lawyers drug possession comparative negligence Illinois insurance dispute lawyers South Barrington real estate lawyer Des Plaines personal injury attorney Illinois defective products attorney personal injury attorney controlled substance Arlington Heights Traffic Lawyer natural gas explosion Class A misdemeanor Do Not Resuscitate criminal law POA paid sick leave breach of contract Chicago will attorney IRELA Inverness corporate attorney appealing an insurance claim condo insurance adjusters jet ski BAC personal injury law firm business litigation income distribution deducation car crash injuries Arlington Heights car accident lawyer Barrington criminal defense lawyer Illinois medical malpractice attorney Palatine construction attorney Home Remodeling Repair Act criminal internet Palatine employment lawyer natural gas life insurance lawyer Arlington Heights car crash attorneys murder probate claims process involuntary manslaughter severance agreements traffic accidents digital media accounts, estate planning, Arlington Heights estate planning attorney, drug crimes Illinois workers compensation lawyer reckless homicide dynasty trusts Inverness accident lawyer Chicago lawyer unauthorized overtime taxes pizza emoji living trust Rolling Meadows corporate lawyer preventable medical errors Des Plaines collections attorney Arlington Heights estate planning attorney Illinois insurance claims lawyers Palatine criminal defense lawyer Barrington employment law firm Crystal Lake traffic attorney boating DUI Illinois traffic attorney criminal defense drug crime marijuana DUI attorney Palatine corporate attorney Arlington Heights personal injury attorney Rolling Meadows estate planning attorney Arlington Heights tax lawyer Illinois driving without license Illinois wills and trusts attorneys Schaumburg injury lawyer personal injury lawyer Deer Park accident attorney Illinois Wage Payment and Collection Act Arlington Heights wills and trusts attorney pedestrian accident institutional trustee wills Colin H. Gilbert Des Plaines criminal attorney Illinois trusts attorney traffic violations defense DUI penalities Des Plaines real estate attorney privacy laws Des Plaines medical malpractice attorney Rolling Meadows employment law attorney pedestrian injuries, pedestrian fatality hit and run accident Illinois business law atorneys Schaumburg personal injury lawyers Chicago biking tips Crystal Lake personal injury attorney Rolling Meadows insurance attorney Palatine employment attorney bad faith insurance claims Palatine law firm creditors wills and trusts loopholes Illinois employment law firm insurance claim dispute Illinois medical malpractice claim investment property Chicago insurance claim attorneys distracted driving accidents TBI Schaumburg wrongful death attorney Schaumburg medical malpractice lawyer employee discrimination Deer Park motorcycle accident lawyer Schaumburg estate planning attorney medical malpractice compensation small business automated cars Illinois real estate lawyer Palatine traffic lawyer insurance claim dispute attorney head on collisions clemency college kids Fair Labor Standards Act defective products lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Schaumburg drug defense lawyer golf accidents Illinois jet ski accident lawyer car accident lawyer Crystal Lake personal injury lawyer insurance agents Deer Park personal injury lawyer Rolling Meadows Traffic Lawyer PTSD car collision cell phone tower data liability claims Illinois employment law attorney food poisoning Deer Park employment law attorney distracted driving accident victims School Visitation Rights Act Crystal Lake employment lawyer Illinois medical malpractice case Barrington real estate lawyer sexual images IRA benefits Palatine personal injury lawyer unfunded trust Whistleblower Claims Crystal Lake business law attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers work unions Crystal Lake car accident attorney Illinois traffic laws Illinois construction accident attorney Illinois workplace discrimination attorney employment lawyer license suspension Barrington Traffic Lawyer rollover car crashes traffic crimes capital gains tax Schaumburg insurance lawyers Inverness real estate lawyer nursing home negligence pregnant women Crystal Lake civil litigation lawyer Deer Park medical malpractice attorney overtime pay Schaumburg employment law attorneys breathalyzer test insurance agent negligence Illinois insurance claim dispute lawyers Barrington criminal lawyer Barrington personal injury lawyer no contest clauses Home Sale Contingencies workers compensation benefits Illinois employment attorneys medication errors estate planning trusts construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Arlington Heights medical malpractice lawyer drugs estate planning Illinois living will Barrington medical malpractice lawyers Crystal Lake pet attorney Buffalo Grove criminal defense lawyer motorcycle accident lawyer real estate lawyer car accident lawyers Illinois real estate Arlington Heights TBI attorney slip and fall accidents texting while driving llinois Real Estate Lawyers Association home inspection lawyer Palatine civil attorney Palatine insurance lawyer cell phone accidents Rolling Meadows accident lawyer bicycle accidents Illinois civil litigation lawyer trucking accidents startup company life insurance financial advisors DGAA Crystal Lake accident attorney employee rights Long Grove estate planning attorney dog bites power of attorney for healthcare gift taxes pedestrian accidents Illinois employment law attorneys probate lawyer Arlington Heights personal injury lawyer fiduciary rule medical malpractice caregiver Kenilworth estate planning attorneys personal injury claims child safety condo association texting and driving Schaumburg criminal law attorney deadly crashes Buffalo Grove medical malpractice lawyers denial of life insurance Arlington Heights employment attorney Barrington attorney license reinstatement real estate Illinois car accident attorney Arlington Heights traffic attorney health insurance dispute Illinois Trust Code life insurance claims insurance dispute employment law sexual harassment pedestrian-automobile accident Joliet general practice lawyers real estate attorney federal regulations for LLCs subcontractor insurance claim delay license filing a medical malpractice claim Barrington workers compensation attorney right to work Deer Park real estate law firm Palatine corporate law attorneys Palatine Attorney traumatic brain injuries products liability ObamaCare fatal car accidents Palatine workers compensation lawyer Retaliatory Discharge blended families Barrington employment law attorney Rolling Meadows medical malpractice lawyers Barrington Illinois estate planning lawyer Illinois collections attorney consent to a search truck collisions digital assets traffic tickets medical malpractice claims living trust benefits Palatine elder law attorney Attorney Ken Apicella Rolling Meadows personal injury lawyer Deer Park DUI lawyer car crashes forming a corporation in Illinois life insurance policy sole proprietorship modern family estate planning Barrington litigation attorney Illinois estate planning Kenilworth estate planning lawyer probate fees social media after death rest breaks Rolling Meadows marijuana attorney Des Plaines employment contract Fourth of July Illinois Transfer on Death Instrument agent Illinois rollover accident lawyers premises liability criminal record car accidents Rolling Meadows insurance lawyer Illinois boating accident lawyer wrongful termination drug crimes lawyer Arlington Heights Attorney Crystal Lake pedestrian accident lawyer Thanksgiving Exclusions Palatine probate lawyer Rolling Meadows traffic law firm hiring employees power of attorney wage theft independent contractor underage DUI Inverness civil lawyer suspended license probate Illinois personal injury medical research employees surgical mistakes Inverness traffic law firm slip and fall special needs trust Arlington Heights wills and trusts lawyer Employment Discrimination Law Self-Directed IRA Accounts traffic offenses fault based insurance revenge porn probate claims Arlington Heights criminal lawyer wrongful death Chicago estate planning Mount Prospect elder law attorney Illinois pet lawyer Deer Park traffic lawyer Des Plaines injury law firm driving dealing with problem employees Rolling Meadows boating crash lawyer Illinois medical malpractice lawyers FSLA Illinois injury lawyer Policy Cancellation Schaumburg civil litigation attorney estate planning for college students Crystal Lake tax lawyer denied insurance claim Buffalo Grove real estate attorney advance healthcare directive landlord tenant law back injuries Chicago car accident lawyer Chicago employment attorney Legal Info Buffalo Grove insurance claim dispute lawyers Barrington estate planning attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers federal crimes construction accidents personal injury accidents Schaumburg Chicago traffic lawyer traffic violations privacy vacation home fines Buffalo Grove probate lawyer Family Medical Leave Act digital evidence liens compensatory time Illinois traffic accident lawyer Crystal Lake estate planning lawyer Inverness injury lawyer Illinois personal injury lawyers insurance denial appeals Long Grove estate planning Illinois employment laws Arlington Heights real estate lawyer LLCs bike accident Illinois traffic attorneys Crystal Lake medical malpractice attorneys pet bites Illinois insurance claim attorney Des Plaines tax law firm in terrorem provision Illinois bicycle safety Barrington injury attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Schaumburg corporate attorney license revocation denied insurance claims DUI boating accidents Des Plaines personal injury lawyers insurance denials insurance claim denials Illinois personal injury attorney mass shooting Deer Park traffic accident attorney Illinois registered agent caretaker rights Rolling Meadows tax attorney Illinois probate lawyer Arlington Heights lawyer problem employees Illinois wills and trusts estate attorney marijuana crimes attorney rollover accidents Crystal lake insurance dispute attorney South Barrington real estate attorney underfunded trust underinsured motorist Illinois elder law attorney Des Plaines Traffic Lawyer Illinois small business ACA Schaumburg traffic lawyer spinal cord injuries Inverness insurance attorney Inverness probate lawyer Rolling Meadows Attorney liability landlord Illinois Sales Representative Act fiduciary rule delay healthcare insurance claim civil litigation attorney Schaumburg personal injury attorney Long Grove wills and trusts attorneys Palatine business attorney insurance claim denial Schaumburg probate attorney Buffalo Grove law firm Rolling Meadows Riverwoods estate planning lawyer real estate contract Rolling Meadows real estate attorney

Archive