Claims against insurance brokers

Claims against insurance brokers

Insurance brokers play a crucial role in safeguarding your financial wellbeing by securing the right cover for your needs. But when they fail to meet their professional responsibilities, the consequences can be severe—leaving you or your business vulnerable to uncovered claims and unexpected losses.

How we can help your professional negligence case against insurance brokers

With extensive experience in handling claims against insurance brokers, we provide the expert guidance and representation you need to achieve a successful outcome.

Expertise in insurance broker negligence claims

Our team of specialist solicitors understands the complexities of professional negligence cases. We’ve handled a wide range of claims, from brokers failing to obtain adequate cover to issues of misrepresentation and non-disclosure. This depth of experience allows us to identify the strongest path forward for your case.

Personalised approach to your claim

No two claims are the same. We take the time to listen to your concerns, assess your unique circumstances, and provide tailored advice to maximise your chances of success. Our goal is to make the process as straightforward and stress-free as possible for you.

Guiding you through the claims process

From the initial review of your case to negotiating a settlement or pursuing litigation, we’re with you every step of the way. Our clear and transparent communication ensures you’re never left in the dark about what’s happening or what’s expected next.

A track record of success

We’ve helped countless clients recover compensation for their losses, holding insurance brokers accountable for their professional failings. Whether it’s an individual dispute or a more complex business claim, we have the skills and determination to secure the result you deserve.

Acting in your best interests

At Anthony Gold Solicitors, your needs are our priority. We understand the financial and emotional strain that these cases can bring, which is why we work tirelessly to achieve the best possible resolution for you.

Examples of insurance broker negligence

Insurance brokers are trusted professionals who serve as intermediaries between clients and insurance companies. Their primary duty is to act in their client’s best interests, ensuring the insurance policies they recommend provide appropriate cover for the risks the client faces.

But when they fail to fulfil their professional duties, the consequences can be serious, leading to financial losses and uncovered claims. Below are common examples of negligence by insurance brokers, each representing a potential breach of their duty of care.

Failing to follow client instructions

Brokers are obligated to act in accordance with their client’s clear instructions. If a client specifies particular types of cover or levels of indemnity, the broker must ensure these are reflected in the policy. Ignoring or misinterpreting these instructions can leave the client underinsured or entirely uninsured for specific risks.

Recommending unsuitable policies

Clients rely on brokers to recommend policies that align with their specific needs. A broker may be negligent if they:

  • Recommend an insurance product that does not address the risks involved.
  • Suggest a policy with unnecessary features that inflate costs without adding value.
  • Overlook a more appropriate alternative.

Securing inadequate cover

Brokers must ensure the level of cover matches the potential risks a client might face. For example:

  • Underestimating the value of assets being insured.
  • Failing to secure adequate liability insurance for businesses.

Inadequate cover can lead to significant gaps in protection, leaving the client financially exposed.

Failing to provide key information to clients

Clients must understand the terms and conditions of their insurance policies. Negligence may occur if a broker:

  • Fails to explain exclusions or limitations that might affect a claim.
  • Neglects to highlight renewal dates or procedural requirements for maintaining cover.

Without this information, clients may unknowingly invalidate their policies or face unexpected claim rejections.

Failing to disclose relevant information to insurers

A broker acts as an intermediary between the client and the insurer. It is their duty to ensure all material facts are disclosed to the insurance company. Errors in disclosure may include:

  • Omitting crucial details about the client’s circumstances.
  • Misstating information that affects the insurer’s assessment of risk.

Such failures can lead to insurers voiding policies or denying claims.

Administrative failures

Negligence can also arise from seemingly simple oversights, such as:

  • Failing to finalise or “incept” a policy before the existing one expires.
  • Not taking the necessary steps to renew a policy on time.

These mistakes can result in clients being left without coverage when they need it most.

Misrepresentation or misleading advice

If a broker misrepresents the scope of cover or provides inaccurate advice that leads a client to purchase an unsuitable policy, this could form the basis for a negligence claim.

Act quickly

Time limits apply to professional negligence claims, typically within six years of the broker’s error. However, delays can weaken your case, so it’s essential to act promptly.

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Steps to take if you believe you have a negligence claim against an insurance broker

If you suspect that your insurance broker’s negligence has caused you financial loss, it’s important to act quickly and follow these steps to strengthen your case and protect your rights:

Review your insurance policy

Begin by carefully reviewing the details of your insurance policy. Look for:

  • The type and level of coverage provided.
  • Any exclusions or limitations that might affect your claim.
  • The terms and conditions outlined in the policy documents.

Understanding the policy will help you identify where your broker may have failed in their duties.

Gather evidence

Compile all relevant documents and communications, including:
• Policy documents and schedules.
• Emails, letters, or notes of conversations with your broker.
• Any claim forms or responses from your insurer.
This evidence will be crucial in demonstrating where your broker’s actions—or inactions—have led to your losses.

Record the impact of the negligence

Document the financial losses or other consequences you’ve suffered as a result of the broker’s failings. This could include:

  • Costs associated with denied or underpaid claims.
  • Business disruption or personal hardship caused by lack of coverage.

Seek legal advice from a specialist solicitor

Contact an expert in professional negligence claims, like Anthony Gold Solicitors, for a consultation. A solicitor will:

  • Assess the strength of your case.
  • Advise you on the next steps, including the potential for negotiation, mediation, or legal action.
  • Guide you through the claims process to ensure your rights are protected.

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Negligence claims against insurance brokers: FAQs

What duties does an insurance broker owe to their clients?

Insurance brokers must act with care, skill, and diligence, recommending suitable policies, ensuring adequate coverage, and disclosing all relevant information. They must prioritise their client’s best interests at all times.

How can I tell if my insurance broker has been negligent?

Signs of negligence include failing to follow instructions, arranging insufficient cover, misrepresenting policy terms, or not disclosing material facts to insurers, resulting in financial loss or a denied claim.

What are some common examples of insurance broker negligence?

Examples include failing to renew a policy, recommending unsuitable cover, not disclosing critical information, or neglecting to follow client instructions, leaving clients exposed to uncovered risks.

What losses can I claim for if my insurance broker was negligent?

You can claim for losses caused by insufficient cover, denied claims, or uncovered risks, aiming to recover the financial position you would have had without the broker’s negligence.

What should I do if my claim was denied due to broker negligence?

Gather your policy documents and correspondence, then seek legal advice from a specialist solicitor to assess your case and pursue compensation before time limits expire.