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


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