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damageclaimlawyer.com
Home
About Us
Practice Areas
  • Property Insurance Claims
  • Property Damage Claims
  • Public Aduster Counsel
  • Liability & Coverage
  • Ins. Broker Negligence
  • Examination Under oath
Contact Us or Schedule
Blog, News, & Notables
FAQ
More
  • Home
  • About Us
  • Practice Areas
    • Property Insurance Claims
    • Property Damage Claims
    • Public Aduster Counsel
    • Liability & Coverage
    • Ins. Broker Negligence
    • Examination Under oath
  • Contact Us or Schedule
  • Blog, News, & Notables
  • FAQ
  • Home
  • About Us
  • Practice Areas
    • Property Insurance Claims
    • Property Damage Claims
    • Public Aduster Counsel
    • Liability & Coverage
    • Ins. Broker Negligence
    • Examination Under oath
  • Contact Us or Schedule
  • Blog, News, & Notables
  • FAQ

INSURANCE BROKER LIABILITY CLAIMS

INSURANCE BROKER LIABILITY AND NEGLIGENCE

In New York, if you insurance agent or broker fails to obtain the insurance coverage you requested, or gives incorrect information the coverage that is actually available, that insurance broker may be liable in the event of an uncovered loss.  Insurance brokers make mistakes and in many situations they can be held responsible.The laws pertaining to "Failure to Procure" or "Negligence in a Special Relationship" can, in many instances, require the insurance broker to pay for an uncovered loss.  Insurance brokers most often carry "Errors & Omissions Insurance" to cover them in the event of such a claim.   ​

The Long Island New York lawyers at AGULNICK KREMIN have a successful history of recovering money where an insurance broker has been negligent in their responsibilities, by way of making one mistake or another.  That means the broker can be required to cover your loss in a similar manner to the way an insurance company would.  ​At AGULNICK KREMIN, our goal is to obtain the maximum recovery in cases throughout New York where an insurance broker is negligent and as a result, you are left uninsured or underinsured for a particular loss.  ​The litigation of an action against an insurance broker involves a combination of a common law negligence case with an action involving what amounts to an insurance claim.  

​Significantly, the 2013 Court of Appeals has even held in American Building Supply Corp. v. Petrocelli Group that a policyholder's failure to review the policy prior to the loss is not an absolute defense to liability.  This provides recourse to those countless policyholders that merely file their policy away, believing their insurance broker has acted properly. Contact us for a free consultation.

The game isn't over.

Failure to procure

When an insurance broker or agent fails to procure the insurance recovery you requested, they can be held liable and in a way "stand in the shoes" of the insurance company.  Most all reputable insurance brokers carry errors and omissions insurance to cover them in such situations.  

Negligence & Special Relationship

When an insurance company demands an examination under oath, legal representation is essential.  AK works with insureds to take all steps required by the insured to cooperate as required by the policy provisions, document production, and assesses coverage issues.  Our attorneys prepare each insured, accompany them to their examination, advocate on their behalf, and work with the public adjuster to secure coverage. 

Insufficient Replacement Coverage

Often, insurance brokers replace one coverage for another, whether at your request or at their suggestion.  Unfortunately, the replacement does not provide the same level or coverages, or a specific coverage in the original policy may be excluded in the replacement.  If this happens, you could have a remedies and a claim agains the broker may very well be appropriate.  Contact our office to discuss your claim.  

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Agulnick Kremin P.C. Offers Free Consultation

Whether by phone, zoom, or in person, we look forward to speaking with you.

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ATTORNEY ADVERTISING. AGULNICK KREMIN P.C. PROVIDES LEGAL ADVICE AND REPRESENTATION FOR INDIVIDUALS AND CORPORATE ENTITIES IN COMMUNITIES THROUGHOUT THE NEW YORK STATE, THE NEW YORK CITY REGION AND LONG ISLAND, INCLUDING MANHATTAN, QUEENS, BRONX, BROOKLYN, RICHMOND, LONG ISLAND CITY, GARDEN CITY, WHITE PLAINS, ROSLYN, PLAINVIEW, MANHASSET, WESTCHESTER, ROCKVILLE CENTER, SEARINGTOWN, THE HAMPTONS, LARCHMONT, DIX HILLS, YONKERS, LITTLE NECK, PORT WASHINGTON, KEW GARDENS, FOREST HILLS, ASTORIA, MINEOLA, GLEN COVE, HEMPSTEAD, LEVITTOWN, FLUSHING, JAMAICA, FLORAL PARK, HEWLETT, JERICHO, BAYSIDE AND ROCKLAND, NEW YORK.

THE INFORMATION YOU OBTAIN AT THIS SITE IS NOT, NOR IS IT INTENDED TO BE, LEGAL ADVICE. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE REGARDING YOUR INDIVIDUAL SITUATION. WE INVITE YOU TO CONTACT US AND WELCOME YOUR CALLS, LETTERS AND ELECTRONIC MAIL. **CONTACTING US OR SUBMITTING A CLAIM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE DO NOT SEND ANY CONFIDENTIAL INFORMATION TO US UNTIL SUCH TIME AS AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.  *Scott E. Agulnick, Superlawyer 2016-2024 **Prior Results are No Guarantee of Future Success

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New York Insurance Claim Lawyers and Property Damage Claim Lawyers. All rights reserved.

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