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


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