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.

Recent Posts


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