For Subscribers

You Didn't Tell Me! If your agent leaves out the good parts, get your day in court.

By Jacquelyn Lynn

Opinions expressed by BIZ Experiences contributors are their own.

You thought you had coverage, but you didn't. Or maybe youragent didn't tell you about a particular type of coverage oradvised you incorrectly, and you suffer a loss. Do you haverecourse against your insurance agent? Possibly.

Increasingly, insurance agents are facing errors and omissionsclaims for failing to advise clients properly. "When someoneis told there is no coverage, they need to investigate further andfind out why," says Brian Gilchrist, an attorney with Allen, Dyer, Doppelt,Milbrath & Gilchrist, P.A. in Orlando who works a lot withinsurance law.

According to Gilchrist, some common mistakes for which agentsare being sued include failing to procure adequate coverage;procuring coverage with unacceptable exclusions or conditions;selling policies from financially troubled carriers; renewingpolicies on different terms without notice to the insured; failingto offer additional or optional coverages; and failing to insureall necessary people, entities and property.

Gilchrist says agents should take the time to understand yourbusiness and your needs. "The agent's duty is to act asmore than a retailer of whatever policies are behind hisdesk," Gilchrist notes. If you suspect your agent ofprofessional negligence, contact an attorney experienced ininsurance law.


Jacquelyn Lynn is a freelance business writer in Orlando,Florida.

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