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After a serious loss, it is a hard thing to learn that the insurance meant to protect you falls far short, especially when a broker was supposed to make sure the limits were adequate in the first place. Sometimes it's your own coverage that comes up short. Other times you're the person injured by an at-fault party whose broker left them underinsured. Either way, the gap can leave real losses with no one to cover them, and when a broker's failure created that gap, they may be responsible for the difference.
What Is an Underinsured Brokerage Case?
An underinsured brokerage case is a form of broker or agent negligence focused specifically on inadequate coverage limits. It arises when a broker fails to secure the limits a client needed or requested, leaving either the policyholder, or someone harmed by the broker's client, without enough insurance to cover the loss. The problem often stays hidden until a claim is made and the coverage runs out far short of the damages.
How These Cases Arise
- A broker secures limits far below what the client needed or asked for
- A commercial or auto policy is written with limits inadequate for a foreseeable risk
- A business is left underinsured for its actual exposure
- An at-fault driver or party is underinsured because a broker failed to arrange proper coverage, leaving an injured victim without a full source of recovery
Who Is Affected
These cases affect two kinds of people: policyholders who believed they were fully covered and discover otherwise after a loss, and injured people who find that the at-fault party's broker-arranged coverage is nowhere near enough to compensate them for what happened.
Proving the Case
Like other broker-negligence claims, these cases turn on showing the broker's duty to secure adequate coverage, the failure to do so, and the uncovered loss that resulted. Establishing what limits should have been in place, and what the client requested or reasonably needed, is central.
Compensation
A successful claim can recover the difference between the coverage that should have been secured and what was actually available, along with related damages caused by the shortfall.
Results in Broker Underinsurance Cases
Recovering for an insurance gap takes a firm that understands both how coverage should have been written and how to prove what the shortfall cost you. Todd Poses and Adam Boumel have handled these disputes directly. Most notably, we recovered $2.6 million in a case involving a broker who left an at-fault driver underinsured. Throughout, you deal with your attorneys, not a case manager.
Contact the Underinsured Brokerage Attorneys at Poses Boumel Today
It costs nothing to talk to us. Poses Boumel represents policyholders and injured people throughout Florida from our office in downtown Miami, and we serve clients in English and Spanish. Call 305-577-0200 during our listed office hours or leave a message any time, or reach us through the contact form on our website. Your consultation is free and confidential, with no obligation.