Insurance Agent Negligence and Hurricane Insurance Claims

Texas has been besieged by some of the worst hurricanes in US history, which is why most homeowners and businesses acquire hurricane insurance to cover property damage and/or business losses. Typically, policyholders have difficulty understanding the different types of policies being offered to them, and rely on their insurance agent to give them what they need based on their circumstances. In most cases, an insurance agent will give them the correct information and ensure that they have adequate coverage for anticipated events i.e. hurricanes.

Unfortunately, not all insurance agents do their job as they should, and it is only when the policyholder makes a claim that they discover the policy they had paid for (and for many have done so for years) does not actually given them the coverage they asked for and thought they had. As a result, many policyholders were unable to recover business loss and repair expenses.

If your insurance agent failed to provide a policyholder with the insurance they wanted either intentionally or in error, or failed to inform the policyholder of the fact that they were not paying for the policy they want or need, this can be considered agent negligence, and the agent can be held liable for damages incurred by the policyholder.

This is far from cut-and-dried, however. The law is subject to interpretation, and the burden of proof for a negligence claim is on the plaintiff. As mentioned in the website of the law firm Williams Kherkher, it is not easy to prove that you had asked for and believed you had paid for a specific type of policy if you don’t actually have the policy.

If you survived a calamity such as Hurricane Sandy only to discover that you did not have the coverage you thought you had for your losses, your agent may have been negligent. Contact a hurricane insurance lawyer in your state and state your case. A competent lawyer will be able to advise you about your legal options.

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