Insurance Agent Negligence
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An insurance agent owes their clients several duties under Texas law, including:
A duty to obtain requested insurance: If you ask for a specific type of coverage, your agent is required to obtain that policy or endorsement for you and acquire it in a timely manner, or inform you that he or she was unable to do so. Your agent owes you a duty of honesty and transparency concerning the insurance available to you.
A duty to inform of policy renewal and expiration deadlines: Your insurance agent is also required to inform you of your policy renewal or nonrenewal and expiration deadlines. Texas insurance laws require a minimum of 10 days’ notice from your insurance agent for cancellation of a policy, and at least 30 days’ notice of nonrenewal of a policy. Insurance agents must also remind you in advance of when a specific policy is set to expire.
If you requested a specific type of insurance from your agent, such as flood or wind insurance, and you discovered you did not receive coverage when you filed your Hurricane Harvey claim, you may have been a victim of insurance agent negligence. Similarly, you may have been a victim of negligence if you were not notified in a timely manner regarding the cancellation or nonrenewal of your policy. If you believe you may have been a victim of insurance agent negligence that resulted in your Hurricane Harvey claim being denied, contact our experienced Hurricane Harvey lawyers for your free consultation.
- Any expenses that would have been covered by the requested insurance policy
- Building repair or replacement costs
- Personal/commercial property replacement costs
- Attorney’s fees
Each case is different, but generally a claimant would be entitled to recover the amounts they would have received had their policy or the policy they requested been in effect. This would include damages for perils that would have been covered that were specified in the insurance contract. You may also be entitled to court costs, attorney’s fees, interest, and any other expenses we can trace to the agent’s actions.
Most basic flood insurance policies are limited to $250,000 for damage to the policyholder’s dwelling and $100,000 for the replacement of personal property.
Claims brought under the Texas Insurance Code must be brought within two years of the agent’s bad act, however, it’s always best to begin building your case as soon as possible. Contact The Potts Law Firm today to begin your claim against your insurance agent.
The Potts Law Firm works on a contingency fee basis for insurance negligence cases. This means you will owe nothing for attorney fees or expenses unless we win your case.