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Insurance Agent Negligence

“We Thought Our Policy Covered This Type of Loss”

People often rely on their insurance agents to ensure they have proper coverage for damage to their homes, commercial structures and businesses. Many homeowners and business owners (especially those living or doing business along the Texas coast) have long-standing relationships with their insurance agent and place their trust with the agent to make sure they get the right coverage for their specific areas of risk. When Hurricanes Dolly and Ike hit in the summer and fall of 2008, some people were taken by surprise that the coverage they thought they had purchased did not cover the actual damages they sustained.

Some individuals and businesses may need flood protection while others may need wind and hail coverage. Different insurance policies provide different coverage. It is essential that the appropriate insurance is obtained to ensure coverage is present in your time of need. Failure to obtain the appropriate policy may cause a homeowner or business to be left without any protection in the case of a hurricane or flood.

Failure to obtain the appropriate policy may cause a homeowner or business to be left without any protection in the case of a hurricane or flood.

Insurance agents, whether intentionally or by accident, make mistakes. If a homeowner or business owner believed he or she was purchasing insurance that would protect himself or herself from a specific loss, whether by flood, hurricane, etc., the insured may have a claim against the agent or broker for failing to obtain the requested or anticipated coverage.

An agent can be liable for unintentional mistakes, such as negligence, or for intentional actions such as misrepresentation. An agent may be held responsible for his actions and the damages caused to the insured by such actions. For example, if an agent is requested to procure certain types of coverage and makes assurances that the coverage would be provided and it was not, then the agent may be liable for damages not covered by the policy. Also, if an agent misrepresents specific policy terms, then the misrepresentation may constitute an "unfair method of competition" in violation of the Deceptive Trade Practices Act ("DTPA") or Texas Insurance Code.

At Grisham & Kendall, PLLC, we take care to evaluate your coverage under the insurance policy and the representations made to you by your agent. If the insurance company takes the position that no coverage exists due to failure to obtain a specific policy or coverage, we will inquire whether the agent is in any way at fault for such a failure to obtain proper coverage.

If you have already filed a claim with your insurance company, please call us to discuss your options should you be informed that your policy does not provide coverage or your agent or broker failed to obtain appropriate coverage.

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Dallas Office
Principal Office
Dallas, TX 75206
Phone: 888.743.8432
Fax: 877.809.6733