Saturday, February 5, 2011

Can I Make a Professional Negligence Claim Against An Insurance Broker?

Author: Tim Bishop

Self employed workers, such as builders, will often have their own indemnity policies to cover any accidental damage they may cause a customer. In these situations it is likely that the customer will make a claim directly against you as the self-employed person

To take out the policy, you may not have dealt directly with an insurance company but with a broker who had no affiliation to any particular company and who was acting as a third party to draw up your policy.

It is very common for a broker to receive a commission payment for introducing you. So, what happens when something in this arrangement goes wrong, you suspect there has been a breach in duty of professional care? Well, professional negligence by an insurance broker is not uncommon but who do you turn to for advice if it happens to you? A professional negligence claim lawyer who has expertise in this field and experience is the person to speak to first.

There is a range of scope within an indemnity such as different types of policy, the financial value and the level of commission that was paid for the introduction of the business. Due to this, you will need a specialist professional negligence claim solicitor to deal with any complexities and make sure you get the maximum amount of compensation from the litigation.

To begin with, proof of professional negligence against the insurance broker needs to be established. It must be legally ascertained that the insurance broker owed you a duty of care. This may not be as complicated as it sounds as the normal broker/client relationship is usually enough to establish a duty of care.
Once you are past this phase, your professional negligence solicitor will need to be certain that your broker delivered a sub standard service and acted negligently. Did he or she act without the skill or care expected of a reasonably competent professional person in that line of business? What is your precise financial loss? Was this directly because of the negligence?

It will not be in your best interest to go charging ahead to sue a professional person yourself. It is also advisable not to consult a lawyer who may be highly qualified and competent, but does not have sufficient experience in this area of negligence litigation to support you.
Your professional negligence claim lawyer will examine your case in detail to see if it is viable for a damage claim.
Article Source: http://www.articlesbase.com/law-articles/can-i-make-a-professional-negligence-claim-against-an-insurance-broker-4171981.html
About the Author


Considering making a professional negligence claim? Bonallack & Bishop are solicitors specialising in professional negligence litigation. Tim Bishop is senior partner at the firm, responsible for all major decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.

No comments:

Post a Comment