Melbourne, Florida · Serving clients statewide

Monday to Friday, 8:00 AM to 4:00 PM  ·  Free consultation

Michael P. Sapourn, JD, CIC, CRM
Insurer & Agent Disputes

Insurance Agent Errors and Omissions Claims

The short answer

If your insurance agent failed to get the coverage you asked for, or gave you poor coverage advice after promising to advise you, the agent may be responsible for your uncovered loss. Michael Sapourn ran an insurance agency for 23 years and has testified on the agent standard of care in federal and state courts.

The standard of care for insurance agents

Insurance agents must meet a professional standard of care in their dealings with customers. At a minimum, an agent must procure the coverage a client requests, or tell the client that it cannot be obtained. When an agent assumes the duty to advise, the agent may also face claims for:

  • Failing to recommend needed or required coverage
  • Failing to explain coverage limitations and offer solutions
  • Failing to periodically review and update coverage as conditions change
  • Failing to conduct proper due diligence on co-brokers
  • Failing to promptly forward premiums to the insurance company
  • Failing to investigate an insurer’s financial condition before placing or renewing coverage
  • Failing to give proper notice of cancellations or non-renewals
  • Issuing inaccurate certificates of insurance

Buyer and seller, or trusted advisor?

Not every agent is required to act as your advisor. If the relationship is simply buyer and seller, the agent’s basic duty is to procure the coverage you requested. Once that duty is met, the agent is not responsible for gaps in coverage you did not ask for.

But if your agent made promises or took on additional services, such as periodic coverage reviews, failing to deliver on them can expose the agent to a claim when a loss turns out to be underinsured or uncovered. Evaluating these claims takes someone who knows how agencies actually operate.

Why this experience matters

Mr. Sapourn spent 23 years as an agency principal and knows of no errors and omissions claim filed against his agency in that time. He has been qualified as an expert witness on the insurance agent standard of care in federal and state courts. If an agent let you down, he brings that industry knowledge to your case as your attorney.

Frequently asked questions

Is my insurance agent responsible for an uncovered loss?

It depends on your relationship. Every agent must procure the coverage you request or tell you it cannot be obtained. If the agent also took on the role of advisor, for example by promising periodic coverage reviews, the agent may have broader duties. A review of the facts is needed to tell.

What are common agent errors?

Failing to procure requested coverage, failing to recommend needed coverage, not explaining limitations, not updating coverage as conditions change, placing coverage with a financially weak or unauthorized insurer, and issuing inaccurate certificates of insurance.

Do you also represent insurance agents?

Mr. Sapourn serves as an expert witness for both plaintiffs and defendants in agent errors and omissions cases. See the expert witness page for details.

Free consultation

Have Mike look at your situation

Share a few details and he will follow up with you personally. Attorneys looking for an expert witness can use the same form.

Sending this form does not create an attorney-client relationship. Please do not send confidential information until we confirm we can help.

Talk to a lawyer who knows how insurers think.

Tell Mike what happened with your claim or your agent. The first consultation is free, and you will speak with him directly.