WOW! Telling a client WHAT THEY DONT HAVE insured is as equally important, maybe more so, than telling them what they do have insured! Hope they slam the book at her!
While the arguement is generally sound in this context, i.e. , being held to a higher standard of care as an expert, braggard, etc (essentially an exception to the tenants of Jones v Grewe), a key fact in this decision was overlooked by both the Trial Court and Appellate court. That fact was that the Plaintiff owned another business in Oklahoma (a state that also mandates employers obtain Workers compensation), yet the owner never bought Workers Compensation there either. W.C. insurance was offered only once in this instance and declined. It was not offered again, yet HRH knew he hadn’t purchased it for the Okla. business operation , handled by another agent. After this loss took place, there was still a lengthy delay before the owner got around to buying it demonstrating a callaous disregard for his obiligatons. As is usually true, bad facts make bad law.
As a professional in the insurance industry, you should present the insurance required and recommend supplementary coverages. Failing to provide worker’s comp coverage to a business owner is not in keeping with the standards a professional should set for themselves.
If the prospect wanted to opt out of a required coverage, a professional would explain why that is not possible and if they insisted, there are other agents or websites from who they can obtain coverage.
If the client can produce any marketing material or other substantiated evidence that the agent presented herself as an expert then of course the judge should take that into consideration. Just as having a CPCU or CIC designation puts you in a position in the court of being knowledgeable about coverages. There are benefits to being an expert, like writing alot of business with referrals and the draw back is the clients place their business with you because they know you will do a good job for them. So make sure if you hold yourself out to being an expert or that you specialize in an industry that you do a great job at discovering the exposures and addressing them with your insured.
WOW! Telling a client WHAT THEY DONT HAVE insured is as equally important, maybe more so, than telling them what they do have insured! Hope they slam the book at her!
While the arguement is generally sound in this context, i.e. , being held to a higher standard of care as an expert, braggard, etc (essentially an exception to the tenants of Jones v Grewe), a key fact in this decision was overlooked by both the Trial Court and Appellate court. That fact was that the Plaintiff owned another business in Oklahoma (a state that also mandates employers obtain Workers compensation), yet the owner never bought Workers Compensation there either. W.C. insurance was offered only once in this instance and declined. It was not offered again, yet HRH knew he hadn’t purchased it for the Okla. business operation , handled by another agent. After this loss took place, there was still a lengthy delay before the owner got around to buying it demonstrating a callaous disregard for his obiligatons. As is usually true, bad facts make bad law.
As a professional in the insurance industry, you should present the insurance required and recommend supplementary coverages. Failing to provide worker’s comp coverage to a business owner is not in keeping with the standards a professional should set for themselves.
If the prospect wanted to opt out of a required coverage, a professional would explain why that is not possible and if they insisted, there are other agents or websites from who they can obtain coverage.
Why does an article about a bad insurance agent start with a gratuitous attack on lawyers?
If the client can produce any marketing material or other substantiated evidence that the agent presented herself as an expert then of course the judge should take that into consideration. Just as having a CPCU or CIC designation puts you in a position in the court of being knowledgeable about coverages. There are benefits to being an expert, like writing alot of business with referrals and the draw back is the clients place their business with you because they know you will do a good job for them. So make sure if you hold yourself out to being an expert or that you specialize in an industry that you do a great job at discovering the exposures and addressing them with your insured.