Navigating the Complexities of Property Insurance: A Practical Guide

by LegalFix
Posted: February 22, 2024
property and casualty insurance

Property insurance is a critical safeguard for any property owner, but navigating the intricacies of insurance coverage can be challenging. It's common to rely on insurance agents for guidance; however, their role is primarily to sell insurance, not to determine the specific needs of your property. Let's explore how property owners can ensure they have the right coverage.

The Role of Insurance Agents

Insurance agents and brokers are knowledgeable in their field and play a key role in selling insurance policies. However, their advice may not always align with your unique insurance needs. For instance, an agent might suggest that certain coverage isn't necessary, which could lead to complications if a loss occurs that would have been covered under the omitted policy.

Learning from Legal Precedents

Recent legal cases have highlighted the pitfalls of relying solely on an agent's advice. For example, in the case of I Square Management, LLC v. McGriff Insurance Services, Inc., a property owner sued their insurance agent for negligence after being advised against purchasing specific coverage, which later resulted in a denied claim. The court ruled that property owners are responsible for knowing their insurance needs and cannot solely depend on agents for this knowledge.

The Court's Stance on Insurance Agent Responsibilities

The legal system generally maintains that agents aren't obligated to educate or advise property owners about their insurance needs. Their legal responsibility is limited to providing the insurance options that the owner decides upon. This principle has been upheld in many court cases, despite attempts to establish a "special relationship" exception.

Navigating Insurance Decisions

For property owners lacking expertise in insurance, relying solely on an agent's advice is risky. The safer approach is to consult an attorney well-versed in insurance coverage. This ensures that while the agent can suggest and sell insurance, the attorney can provide an additional layer of expertise during the decision-making process.

When structuring your insurance program and interacting with your agent, having legal counsel can be invaluable. An attorney with knowledge of insurance law can help tailor a program that aligns with your specific needs and circumstances, providing an essential check during these crucial decisions.

Know the Laws with LegalFix

In the complex world of property insurance, understanding and securing the right coverage is paramount. While insurance agents are a key part of the process, property owners must take proactive steps to ensure their coverage is comprehensive and suitable for their specific needs.

Whether you want to learn more about your how to legally navigate your property insurance needs or just want a better understanding of how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and use the free search and information tools to better understand the state and federal laws that affect you. Just visit to find all this content — and check back often for more valuable legal products and services coming soon.