Can I Make a Professional Negligence Claim Against An Insurance Broker? - By: Tim Bishop

If you are self-employed and have taken out an indemnity policy to cover the work that you complete it is likely that at some point something may go wrong which results in damage being caused to a customer. In this case the customer will normally claim against you.

In order to get a policy you might find yourself talking to a broker instead of the insurance company, this person is a 3rd party and will design your policy.

It is likely this broker was paid a commission by the company for the introduction. 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.

The amount of scope within the indemnity (as with policies) varies due to the financial value and the amount of commission earnt at 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 should be demonstrated that your broker owed you a legal duty of care. Although this can appear complex, the broker/client relationship also can raise a legal 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 exactly is your 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 experienced lawyer will take a look at your claim and make sure that it is definitely worth pursuing.

About the Author

Tim Bishop is senior partner at Bonallack & Bishop, a firm of professional negligence claim solicitors specialising in acting in professional negligence litigation. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.

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