Life insurance lawyers need to know the legal theories whereby a life insurance agent can be held liable for the wrongs they commit. These agent responsibility don’t just extend to life insurance agents but to agents in other areas of insurance. As the contracting party, the insurance company of course…
Most insurance lawyers would think an insurance agent is the agent of the insurance company. But, there are situations where the insurance agent is the agent of his customer. Here is a 2023 opinion wherein this topic is discussed. The opinion is from the Thirteenth Court of Appeals and is…
Suing insurance agents who do wrong is something an insurance lawyer needs to look at closely. Here is a 2022, opinion from the Southern District of Texas, McAllen Division, that deals with an insurance agent. The opinion is styled, J & G Trejo Enterprises, Inc. d/b/a Best Medical Supply vs.…
Life Insurance lawyers who read this Blog, or for that matter, anybody who reads this Blog eventually learns that there are many wrongs an insurance agent will commit to get a sale. Most of their income from an insurance company is based on getting a percentage of the premiums. In…
Insurance agents can be responsible for their own actions under the Texas Insurance Code. Just as an insurance company is liable for its own misconduct, so too agents may be personally liable for their misdeeds, even when acting on behalf of an insurance company. In general, an agent is individually…
Insurance agent misrepresentations are not always held against the insurance company, but most the time the agents misrepresentations are held against the insurance company. A 1979 opinion from the Texas Supreme Court is a good illustration of the company being liable for the misrepresentations of the agent. The opinion is…
Insurance agent liability is an issue for Insurance Law Attorneys to be know about when investigating a case. A 2004, opinion from the United States 5th Circuit provides some input on how to look at cases that might involve wrongs by the insurance agent. The opinion is styled, Hornbuckle v.…
Insurance agents misrepresenting the terms and conditions of an insurance policy is a common complaint. Here is a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Company v. John D. Coats, Jr. This case presents three issues relating to an insurance company’s liability for its agent’s representations: first, whether…
Insurance lawyers often see situations where the agent selling the insurance policy made false representations regarding the policy at issue. Here is how the Courts look at these situations. According to the 1990, Texas Supreme Court opinion styled, DeSantis v. Wackenhut Corp., a false representation must involve an existing or…
Claims denial attorneys know that many claims arise because an insurance agent committed a fraud when selling the policy. A fraud cause of action requires proof of the following elements: 1. a material representation was made; 2. the representation was false; 3. the speaker knew it was false or made…