Can I Sue My Insurance Broker for Failure to Get Me the Right Insurance?

Jul 02, 2019

If you’re facing a claim that insurance doesn’t cover because your insurance broker didn’t get you the right coverage, you may want Orange County CA insurance lawyers to help you sue that broker. While your feelings of wanting to cover from that insurance broker are valid, you’ll be facing an uphill battle. Winthrop Law Group explains why.

When an insurance broker sells you insurance, their job is to help you to find the coverage that you need. In the end, though, you have the final decision on what you buy. The insurance broker can only give you advice based on facts that you tell the broker. The broker may not fully understand your situation unless you bring something up, and you always have the right to disregard the broker’s advice for any reason. In many cases, the broker may even require a specific waiver that you can’t hold the broker responsible if you don’t have adequate insurance coverage.

There are still some situations where Orange County CA insurance lawyers can help you to recover against an insurance broker who failed to get you the right insurance coverage. The most common situation would be where the broker misled you. This may because the broker wanted to sell a higher commission policy or because the broker made a mistake. Generally, you would need to prove some sort of wrongdoing or negligence on the part of the broker.

The best evidence would usually be things you have in writing, such as brochures or emails. You may have also filled out a form listing what kinds of coverage you needed. If the broker didn’t act reasonably based on the information that you provided, you may have a valid claim against the broker. To get help reviewing your situation to see if you may have a claim, schedule a consultation with Winthrop Law Group today.