Generally, an insurance agent has no duty to advise his client of the availability of other insurance; however, by entering into a special relationship, the insurance agent may incur a duty to advise his client of the availability of additional coverage. A special relationship may be created if there is a long-standing relationship between the insurance agent and his client, some type of interaction on the question of insurance coverage and reliance by the client on representations of the insurance agent to the client's detriment.
For example, an insurance agent who had handled an insured's insurance needs for 10 to 15 years breached his duty to advise the insured of the need for flood insurance on the insured's boat house residence and to obtain such coverage where the insured had requested the agent to transfer coverage from another residence to the boat house and to handle the insurance needs of the boat house, and where the agent became aware of the lack of flood insurance several months before a flood damaged the boat house.
Furthermore, the agent may have a duty to advise of the availability of other insurance if the agent assumes an additional duty either by express agreement or by holding himself out as having expertise in the given field of insurance being sought by the insured. The duty to advise may require the agent to advise the client of excess flood insurance.
The National Flood Insurance Program has maximum residential building coverage limits of $250,000. Excess flood insurance in amounts of at least $10,000,000 for residential building and $2,000,000 for content can be purchased through private insurers such as St. Paul Travelers Co., The Hartford, Certain Underwriters at Lloyd's of London, Chubb and State Farm. If you are a homeowner victimized by Hurricane Katrina's flood waters, sustained building damage in excess of $250,000, have a special relationship with your insurance agent (or your agent held himself out as a flood insurance expert) and your agent failed to advise you of the availability of private flood insurance, use or online for for a free evaluation of your case. There is no cost and no obligation. Let Lavis Law Firm get you the money you deserve. Submit your case evaluation today. If you prefer, you may contact us at 504-834-4000 or toll free 1-866-558-9151.