Insurance Coverage Litigation Issues
Insurance Agent E&O
This type of policy is as the name states. It is a policy intended to provide coverage for acts of professional negligence.
Contrary to the “party line,” the reality is that agents will speak with prospective policy holders and ask the questions stated on the application, and then record the response. Sometimes, mistakes happen – the wrong box gets checked, the information provided is not clear or completely accurate though the agent believes it is and so tells the applicant. The applicant then reviews the application and signs where directed The policy is issued, a claim is made, and the insurer denies coverage because of a misrepresentation on the application.
Out of this circumstance generally arises two types of claims against the agent. The first is called a scrivener’s error, being the failure to properly record that of which the applicant advised; the other is based upon a claim of failure to advise on the adequacy of coverage being the “agent never told me” claim. Either way, the agent is involved in litigation and his Errors & Omissions policy should provide defense and indemnification within the terms of the policy.
If not, you should contact us, immediately. We can help. Barry M. Feldman, represented insurance agents for over 10 years, and is very familiar with these types of claims and the policies that should provide the agent with the protection he needs. As such, he can walk you through the issues, explain the policy, and advise of your options.