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Recovery Spurs Negligence Claim

Insurance agents and brokers are in the business of transacting insurance with insurers on behalf of their clients. Unless they take on a fiduciary responsibility, they're only expected to obtain the insurance requested by the prospect. But after a loss, insureds who incur a loss greater than the limits purchased...

By Barry Zalma, Esq., CFE | Updated on July 01, 2014

Insurance agents and brokers are in the business of transacting insurance with insurers on behalf of their clients. Unless they take on a fiduciary responsibility, they’re only expected to obtain the insurance requested by the prospect. But after a loss, insureds who incur a loss greater than the limits purchased may try to recover the losses from the agent, who they claim should have forced them to buy more insurance.

On Aug. 28, 2013, Gale and Douglas Hernandez sued State Farm General Insurance Co., Dale Adams (individually and as a State Farm agent), Allstate Insurance Co. and Frank Capella (individually and as an Allstate agent). The plaintiffs claimed that Allstate negligently miscalculated the damage to their home caused by Hurricane Isaac and failed to pay amounts owed under the policy. The plaintiffs allege that they were not paid any amounts by State Farm under the homeowners’ policy.

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