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Negligent Failure to Procure Insurance

Most think of insurance disputes as relating to the nature and extent of coverage (e.g., uninsured motorist and underinsured motorist) or how much of the policy limits should be paid. There are circumstances, however, when the incorrect insurance is obtained and a claim  exists against the insurance agent/broker.

An insurance agent/broker who is tasked with obtaining insurance for another for compensation has a responsibility to obtain the insurance requested, and the agent/broker may be sued for negligence if the proper insurance is not procured. Extended Stay, Inc. v. American Auto. Ins. Co., 375 S.W.3d 834, 841 (Mo. Ct. App. 2012). To prove a negligent failure to procure insurance case, you must demonstrate that (1) the agent/broker agreed to procure insurance for compensation, that (2) the agent/broker failed to procure the agreed upon insurance, and that (3) the plaintiff suffered damages as a result of the failure.

 

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