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Attorney Name:Daniel Pilka

Phone:
(813)653-3800
(863)687-0780


Attorney Name:Kim E. Wells

Phone:
(813)653-3800
(863)687-0780

  
Insurance Agent Negligence

What would you do if you experienced a loss and one or more of the following happened?

  • The insurance company notified you that the damages were not covered? 

  • There was only enough coverage to pay for a portion of the cost of rebuilding? 

  • If due to changes in the building codes, you have to make significant and costly changes to rebuild and no coverage was afforded to pay for the changes required?

What would you do if your business would be paid for the cost to repair the damage to your building, but it would likely take 6 months or more to rebuild and you had no, or inadequate, business interruption coverage?  Could your business afford having no income for the period the building was being rebuilt or repaired?

What would happen to your present clients; your market share; and/or your creditors? Could you afford to temporarily relocate your business; or replace all machinery, equipment and/or stock necessary to properly service your client's accounts?

When Your Insurance Agent Makes a Mistake

What if your insurance agent made a mistake on your application for insurance and the company, when presented with a claim, said you had misrepresented information to them and as a result, you had no insurance coverage?

An insurance agent is a trained professional you trust and rely upon to ensure you, your home or business can survive a catastrophe. However, there are times when the insurance agent you have put your trust in makes a serious mistake regarding your insurance. This can sometimes be easily remedied at no cost to you and without any adverse effect. However, that is not always the case.

Occasionally, an insurance agent will not obtain the type of coverage you need, the right amount of coverage, or even insure the proper risk. A material misrepresentation in the application for insurance, even when it was an innocent mistake, can be a basis for an insurance company to deny coverage. Many times the agent will fill out the application for insurance for the client, and simply ask the client to sign it.  The application should be carefully reviewed for accuracy.

Insurance Agent Responsibility

An insurance agent should counsel you on the types and amounts of insurance you need for your home, automobiles, business, vacation homes, health and life insurance needs, as well as limits for liability insurance. If they are selling you the insurance, they should advise you regarding all aspects of the coverages you need, for any potential risks, even those that are unlikely, and tell you of the consequences if you do not obtain certain coverages, in the event of a loss. The numerous options available to you, and the cost, should be explained.

We Can Help

Insurance agents should look at your property and ask you questions to establish the extent of your insurance needs.  When they fail to do this, and as a result, you or your business, sustain a loss, the insurance attorneys at Pilka & Wells can help. When necessary, we sue insurance agents to recover for our client, the difference between the coverage that should have been provided by the insurer, and that coverage actually provided, as well as all other potential damages our client has been exposed to as a result of the agent's negligence. In attempting to maximize our clients' recovery for damages in this type of case we utilize experts in the insurance industry to establish the appropriate coverage that should have been provided, as well as determine the full extent of your loss. 

If there is a problem with your insurance coverage as a result of your agent's actions, call the insurance attorneys at Pilka & Wells.  We can help.

Make an appointment today by telephone.

Brandon, Florida (813) 653-3800
Lakeland, Florida (863) 687-0780

    
Brandon Office:
213 Providence Road
Brandon, Florida 33511
(813) 653-3800
(813) 651-0710 - Facsimile
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Lakeland Office:
1102 S. Florida Avenue
Lakeland, Florida 33803-1308
(863) 687-0780
(813) 671-0710 - Facsimile