Claims against insurance agents and brokers often turn on what was requested, what was represented, what was documented, and what a reasonably prudent insurance professional would have done under the circumstances.
Issues commonly evaluated
- Coverage requested by the insured and information provided to the producer
- Applications, proposals, submissions, binders, and renewal documentation
- Representations about limits, exclusions, and availability of coverage
- Policy delivery, review, communication, and documentation practices
- Failure-to-procure and failure-to-advise allegations
- Agency procedures, supervision, and errors-and-omissions controls
Methodology
The analysis begins with the complete factual record. Producer conduct is evaluated in context against policy language, applicable insurance materials, agency practices, underwriting requirements, and generally accepted industry standards. Legal duties and ultimate issues remain for the court.
Independent perspective: Michael Gay accepts plaintiff and defense engagements only after determining that the available facts support a reliable insurance-industry analysis.
Documents that may matter
Applications, exposure schedules, proposals, coverage comparisons, emails, call notes, policy forms, endorsements, audits, inspections, underwriting correspondence, renewal records, agency procedures, and deposition testimony.