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

Archive