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

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

Archive