Can we sue or get relief from our insurance broker who made a mistake?

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Can we sue or get relief from our insurance broker who made a mistake?

My wife had an auto accident last year. The other driver was at fault but had minimum coverage. Our underinsured limits, also minimum, were also used to settle the case. Both policies are paid in full based on the minimum coverage $25,000 each. A month after the settlement, I was reviewing current and past auto policies and noticed only the current policy had minimum limits under the underinsured coverage. I called my broker who in an email admitted that they made a mistake and increased the limits to where it was before. I’m sure that my wife would have been entitled to more money. Can I get relief going after the insurance broker?

Asked on May 14, 2019 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you can show that it was an agent error (as appears to be the case) and was not due to them following any instructions you'd sent, then you should be able to seek the additional monies--the additional amount to which your wife would have been entitled--from the broker. They would be liable due to their negligence or unreasonable carelessness. If they will not voluntarily provide compensation, you would have to sue them for the money.


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