Different Forms of Negligence
It’s understandable to think that if you bought insurance from an agent and a covered incident then occurs, you would be owed compensation for your loss. Unfortunately, numerous factors can lead to a denial of claims. One important cause of claim denials is error on the part of insurance agents. Purchasing insurance is not the final step in ensuring your vehicle or home is insured, and the final step is out of your hands. If the insurance agent fails to buy the insurance from the selected company, the coverage may not be in place.
Other insurance disputes related to errors, agents, and procedures include:
- Escrow account errors
- Agent errors
- Poor agent advice
In regards to poor agent errors, when more than one building is involved, matters become even more complicated, such as the incorrect allotment of coverage to the wrong building. Similarly, poor agent advice can have a serious impact on a deal or transaction. For instance, a negligible sum can sometimes provide the full coverage buyers want and need. If agents fail to explain the full insurance coverage options, the insurance purchase may be able to file a claim against the agent.
Proving Escrow Agent Negligence
An escrow agent may be considered negligent if he or she fails to practice due care and treat your claim as a judicious and prudent person would under the given circumstances. Proving this in court can be tricky. First, you must show the judge that the agent had a specific duty to you. Next, you must prove that the agent’s actions, or lack of actions, violated said duty, and that these actions, or lack thereof, caused you harm. Whether it be bodily or property, this damage must be discernible.
Negligence claims are different from intentional misdeeds, such as fraud, since they lack the element of intent. For instance, you don’t have to prove that the agent purposefully concealed a defect on your property, but rather that the agent knew about said defect and forgot to mention it. Typically, you will only be entitled to reparations equaling the cost of the actual damages suffered.
The following are a few examples of negligence:
- Your agent failed to submit a notice that you were backing out of the purchase agreement because of problems with the property that were discovered during inspection.
- Your agent should have known that the property was listed as a four-bedroom house, but has a septic system that was only approved for a two-bedroom house.
- Your agent failed to mention considerable termite damage to the house.
Common Claims Made Against Escrow Agents
Before dealing with an escrow agent, you enter into a specific contract agreement outlining their duties and services. This contract can be broken in a number of ways, and unless you can prove that your escrow agent was to blame for any problems with your insurance claim, you may not be able to hold your insurer fully accountable for your losses. At Brasher Law Firm, PLLC, our Texas bad faith insurance lawyers know what it takes to prove that an escrow agent was in the wrong.
The following are the most common claims that are made against them:
- Misrepresentation of the property’s condition
- Violation of the Consumer Protection Act
- Earnest / Escrow money dispute
- Misrepresentation of flood or leak damage
- Misrepresentation of the value of the property
- Property damage / bodily injury
- Breach of contract
- Breach of duties
Get Help From a Beaumont Insurance Bad Faith Attorney!
Often, insurance agent errors can result from agents’ failure to look at property. A simple visit to an insured locale can often assist agents in providing the coverage insured individuals and firms need. If an insurer or agent has informed you that your claim for damages is denied because of a procedural error, please contact the Beaumont bad faith insurance law firm of Brasher Law Firm, PLLC. We have handled hundreds of insurance bad faith disputes, including numerous disputes involving agent errors.
I was very impressed with the Brasher Law Firm and the help of Nishi Kothari. Always in constant communication and keeping me informed with my case and explaining to me what was going on and taking place. Very easy process and very helpful with getting my case settled and resolved. I would definitely recommend this law firm to others that may have or experience the same problems I had with my insurance company.David Faith
I was referred to Nishi and Brasher Law Firm after my father had trouble getting paid for a claim from his insurance company. Not only did I find Nishi to be prompt, courteous and professional… but she was also extremely knowledgeable and efficient. There aren’t enough available stars for my family to express our gratitude for her service! Thank You!D. Ware