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Florida Property Insurance: Understanding Agent Negligence


Imagine that your home just sustained major property damage. You know that you have stressful times ahead of you, but at least you also know that you have adequate property insurance coverage. However, when you go to file your claim, you find out that you do not actually have the coverage that you thought you had. How did this happen? The insurance agent assured you that you would be covered in this type of scenario. What a nightmare! Unfortunately, this nightmare becomes a reality for many homeowners throughout the state of Florida. There is good news: legal options are available. If your insurance agent misled you or made a critical mistake that cost you insurance coverage in Broward County, please contact an experienced Fort Lauderdale property insurance dispute attorney as soon as possible.

What is Agent Negligence?

Under Florida law, insurance agents have certain legal duties to look out for the interests of policyholders. If an insurance agent fails to live up to these obligations, it could mean that you are stuck with inadequate property insurance coverage. In some cases, an insurance agent’s actions (or inaction) may rise to the level of negligence. In essence, negligence is the failure to take proper care in a given situation. Some specific examples of insurance agent negligence include:

  • The failure to effectively obtain the requested coverage;
  • Making false statements or material misrepresentations;
  • Failing to fairly and properly advise clients as to their coverage; and
  • Making material errors or omissions in regards to the client’s account or interests.

If an agent’s actions, whether intentional or by mistake, resulted in you not having the coverage that you reasonable thought you had, you may be able to obtain compensation for your damages.

Damages Available for Victims of Agent Negligence

If you have been the victim of agent negligence, you are entitled to seek damages that would put you back into the same position that you would have been had no negligence ever occurred. To start, this means that you should seek compensation for the full extent of your property damage. Any damage that would have been covered by the policy that you reasonably should have had may be sought from the company. Further, you can also seek compensation for any consequential damages. These are damages that occurred solely as a result of the agent’s negligence. For instance, consequential damages might include additional time spent out of your home waiting to get money for repairs. Finally, in some cases, the agent’s negligence may rise to the level of bad faith. In these cases, you can seek recovery for all of your legal fees and potentially even punitive damages. Ultimately, insurance agent negligence cases are notoriously complex. You should always consult with a qualified attorney who can help you assess your legal options and determine your best path towards a full and fair recovery.

Contact Our Office Today

At Geyer Fuxa Tyler, our property insurance attorneys have helped many people recover fair settlement offers. If you have been the victim of agent negligence, please contact our office as soon as possible. Our team will review your claim free of charge. We proudly represent homeowners and businesses throughout Broward County, including in Davie, Tamarac and Pompano Beach.

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