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LOUISIANA RECORD

Tuesday, May 7, 2024

WHALEY LAW FIRM: My insurance agent screwed up. Can I sue my own insurance agent?

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Whaley Law Firm issued the following announcement on Aug. 6.

According to WBRZ, the U.S. Senate has passed a four-month reauthorization of the National Flood Insurance program.

The reauthorization protects more than 500,000 properties across Louisiana. The reauthorization ensures the program will run through the remainder of the 2018 hurricane season. “With this extension in place, we can tackle long-term reforms. The last time we truly reformed the NFIP was never. It’s about time we did. The program needs to be affordable and sustainable,” La. Senator John Kennedy said.

The legislation, entitled “The Sustainable, Affordable, Fair, and Efficient (SAFE) National Flood Insurance Program Reauthorization Act of 2017,” protects policyholders from excessive rate hikes.

This piece of legislation keeps flood insurance rates affordable for many Louisianans. However, what would happen if your insurance agent failed to provide you with the amount of coverage you all agreed upon?

Can I sue my own insurance agent?

In Louisiana, a plaintiff may recover for loss arising from the failure of an insurance agent to obtain insurance coverage if plaintiff can establish three elements: (1) an undertaking or agreement by the agent to procure insurance; (2) failure of the agent to use reasonable diligence in attempting to place the insurance and failure to notify the client promptly if he has failed to obtain the insurance; and (3) that actions of the agent warranted an assumption by the client that he was properly insured.

If your insurance agent’s failure to procure insurance, or the right amount of insurance, causes you to suffer financial injury, contact the Whaley Firm to find out if you have a claim against your insurance agent.

Original source can be found here.

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