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.


Recent Posts


Tags

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

Archive