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Broker Mistake? Denied Claim? Coverage Gap?
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You trusted your insurance broker or agent to arrange the right coverage. If your insurance claim was denied because coverage was missing, limits were too low, or your broker gave incorrect advice, you may be eligible to file a broker negligence claim.
At Preszler Injury Lawyers, our Ontario broker negligence claims lawyers help residential homeowners, landlords, and commercial property owners with claims against brokers, agents, brokerages, and other professionals.
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Operating for over 60 years, Preszler Injury Lawyers is proud to serve Ontarians with legal help regarding their insurance claims. With over 20 offices open across Canada, we have successfully obtained over $1 billion of meaningful compensation for our Canadian clients. The recognition we have received for our dedication and commitment to justice reflects the care we take with every client’s case.
When An Insurance Broker’s Mistake Leaves You Without Coverage
People rely on insurance brokers and agents to help them choose the right coverage and how much is needed. Most homeowners, landlords, and business owners are not expected to know every exclusion, endorsement, coverage limit, or technical policy term.
Broker negligence claims may arise when an insurance broker or agent fails to arrange proper coverage. These claims may also involve:
- Underinsurance
- Policy gaps
- Missed renewals
- Inaccurate advice
- Incorrect information sent to the insurer
- Mistakes on the policy
- And more
In many cases, the problem is only discovered after a loss. A property owner may file a claim after a fire, flood, theft, or other covered event. Then the insurer says the policy does not respond. The insurer may also say the limits are too low or that an exclusion applies.
When that happens, the issue may not only be with the insurance company. The broker or agent may have made an error that left the client uninsured, underinsured, or without the coverage they asked for—through no fault of their own.
Preszler Injury Lawyers assists both residential and commercial clients with broker negligence insurance claims, insurance agent negligence claims, and errors and omissions claims against brokers and agents.
Proudly Serving Ontario
Types of Broker Negligence Claims We Assist With
Broker negligence claims are often called errors and omissions claims, or E&O claims. These claims focus on whether the broker or agent made a professional mistake that caused their client financial loss. Our Ontario broker negligence lawyers help people who have suffered losses due to negligent actions by insurers.
Failure to Obtain Coverage
A broker may fail to place coverage that you specifically requested upon purchasing your policy. This can also happen when a broker fails to bind coverage or fails to confirm that a policy is active.
Failure to Recommend Adequate Limits
A broker may recommend limits that are too low for the property, business, inventory, equipment, revenue, or estimated rebuilding cost. A broker might also fail to recommend a property appraisal when one is needed. The result may be significant underinsurance or penalties after a major loss.
Failure to Explain Conditions or Exclusions
Insurance policies can contain conditions and exclusions that significantly affect coverage. A broker may be negligent if they failed to explain an condition or exclusion that was important to the client’s risks, thatwhich later left them uninsured.
Failure to Renew a Policy
A broker may allow a policy to lapse or fail to address renewal problems. If a loss happens duringfollowing the lapse, the client may have no coverage at all.
Failure to Advise About Coverage Gaps
A client may need optional coverage, endorsements, or higher limits, depending on their property and its specific risks. A broker may be responsible for losses if they failed to identify and discuss an obvious gap.
Misrepresentation or Inaccurate Advice
A broker may tell a client they are covered when they are not. They may also provide inaccurate information to the insurer. Either problem can lead to a denied claim.
Failure to Report or Notify the Insurer
In some cases, a broker may fail to report a claim or notify the insurer on time. Late notice can create coverage problems, especially under certain commercial policies.
Placing the Wrong Insurance Product
A broker may put a client in a policy that does not match the property, business, risk, or intended use. This can leave the client without protection when it matters most.
If your insurance broker or agent has acted negligently, our Ontario broker negligence claim lawyers may be able to help you seek compensation.
Broker Negligence Claims For Homeowners and Residential Landlords
A broker’s mistake can create serious financial problems for homeowners and landlords. You may believe your home, rental property, or personal belongings are protected. After a loss, you may discover that the policy does not provide the coverage you expected.
Many residential claim issues our lawyers handle happen when:
- The Broker Failed to Obtain the Coverage You Requested: You may have asked for coverage for fire, water damage, sewer backup, overland flooding, theft, or another risk. If the broker failed to place that coverage, you may be left paying for the loss yourself.
- The Broker Failed to Explain Policy Exclusions: Some homeowners only learn about an exclusion after the insurer denies the claim. A broker may be negligent if they failed to explain an important limitation or coverage gap.
- Your Policy Limits Were Too Low: A home insurance policy may exist, but the limits may not be high enough to repair, replace, or rebuild. This can happen if the broker failed to recommend adequate limits or failed to review coverage at renewal.
- Replacement Cost Coverage Was Not Properly Explained: Many policyholders assume replacement cost coverage will pay the full cost to rebuild or replace damaged property. The actual policy wording may be more limited. A broker may be responsible if they failed to explain how the coverage worked.
- The Broker Misrepresented the Property to the Insurer: A broker may have given incorrect information about occupancy, rental use, renovations, prior losses, or the condition of the property. If the insurer later relies on that information to deny coverage, a broker negligence claim may be possible.
Residential broker negligence claims often turn on what the client asked for, what the broker recommended, and what coverage was actually placed. Emails, renewal documents, policy declarations, application forms, broker notes, and insurer communications may all be important.
Broker Negligence Claims for Business Owners, Commercial Landlords, and Property Managers
Commercial insurance can be complex. A business owner or landlord may need coverage for buildings, equipment, inventory, tools, tenant spaces, rental income, business interruption, and liability risks. If a broker fails to assess those needs properly, the financial consequences can be severe. You deserve representation when you’re left without coverage.
Our commercial broker negligence claim lawyers frequently help clients when:
- The Broker Failed To Place Proper Commercial Coverage: A broker may have placed the wrong policy or failed to insure the correct business operations, location, property, equipment, or risk.
- Business Interruption Coverage Was Missing Or Too Low: If a fire, flood, theft, or storm forces a business to close, business interruption coverage may be critical. A broker may be negligent if they failed to discuss this coverage or recommended limits that were too low.
- Equipment, Tools, Or Inventory Were Not Properly Covered: Commercial policies may treat business property differently from residential contents. If equipment, stock, supplies, or tools were not covered properly, the broker’s advice may need to be reviewed.
- The Broker Failed To Assess The Business’s Insurance Needs: A broker should ask appropriate questions about the business, its revenue, property, equipment, operations, locations, and risks. Failure to do so can lead to coverage gaps.
- A Claims-Made Policy Was Not Explained Properly: Some commercial and professional liability policies are claims-made policies. Reporting deadlines and renewal issues can be critical. A broker may be negligent if they failed to explain how and when a claim had to be reported.
- The Broker Allowed A Policy To Lapse: A missed renewal, cancellation issue, or failure to bind coverage can leave a business uninsured. This can be especially damaging if a loss happens during the gap.
A denied commercial insurance claim can threaten cash flow, repairs, payroll, reopening plans, and the future of the business. If a broker mistake caused the coverage problem, let our experienced broker negligence lawyers help you explore your legal options.
How to Book Your Free Case Review
Your first meeting with our Ontario broker negligence claim lawyers is completely free.
Our insurance broker negligence lawyers in Ontario are available to speak with clients 24/7, no matter where they live in Ontario. When you schedule a free case review with our legal team, here’s what you can expect:
- Call us toll-free or contact us through our online contact form and let us know about your situation and a time that’s best for you to speak.
- A member of our legal team will reach out to you through your preferred method to schedule an appointment and discuss the details of your case.
- After speaking about the unique circumstances of your situation, our lawyers will let you know if you have a viable claim and how the legal process may unfold.
- After speaking with our team, you can decide whether you want to hire Preszler Injury Lawyers to assist with your insurance claim.
The best part? You don’t pay any money unless we win.
Your initial consultation is completely free, and you don’t pay legal fees unless we successfully obtain compensation on your behalf.
What You’ll Learn During Your Free Case Review
If you are eligible to file a legal claim
What the timeline and legal process might look like
How our broker negligence claim lawyers can assist you
How Preszler Injury Lawyers Can Help
Broker negligence claims require a careful review of the insurance history. These cases are often document-heavy. They may involve the insurer, the broker, the brokerage, and sometimes more than one policy.
We can help by:
1. Reviewing Your Policy And Coverage History
We can examine the policy, declarations pages, endorsements, renewal documents, applications, binders, and certificates of insurance.
2. Assessing What You Asked The Broker To Do
We can review emails, notes, phone records, and other communications to understand what coverage was requested.
3. Examining The Broker’s Advice
We can assess whether the broker explained exclusions, limits, gaps, replacement cost issues, or optional coverage.
4. Identifying Whether You Were Underinsured
We can review whether the broker recommended adequate limits for your home, rental property, commercial building, inventory, equipment, or business income.
5. Determining Whether The Broker Caused The Denied Claim
If the insurer denied coverage because of a broker mistake, we can help assess whether a claim against the broker may be available.
6. Considering Claims Against Both The Insurer And Broker
In some cases, the insurer may have wrongfully denied the claim. In others, the broker may have caused the coverage gap. Some cases involve both.
7. Explaining Your Next Steps
We can help you understand whether legal action may be available and what information may be needed to move forward.
If your claim has been underpaid or denied, don’t hesitate to contact our broker negligence lawyers at Preszler Injury Lawyers today for a free consultation.
Why Choose Preszler Injury Lawyers?
Our lawyers are committed to serving clients whose claims have been unfairly denied or delayed across Ontario
Operating Since 1959
Proven track record of success and results.
Accessible Help, 24/7
Our lawyers always respond, and our phone lines are open 24/7
5-Star Reviews
Our firm has earned hundreds of 5-star reviews across Canada.
National Law Firm
We have offices open across Canada.
No Upfront Payment
It costs nothing for you to hire our lawyers for your case.
Don’t Pay Unless We Win
Don’t pay legal fees unless you’re successful.
Free Consultations
Your first meeting with our legal team is always free.
Proudly Serving Ontario
Our lawyers serve clients across the province.
We Handle Negotiations
Focus on recovery while we deal with the hard stuff.
The 1-800-JUSTICE® Promise
We do what’s best for our clients in the long run, not just today.
Operating Since 1959
Proven track record of success and results.
Don’t Pay Unless We Win
Don’t pay legal fees unless you’re successful.
Accessible Help, 24/7
Our lawyers always respond, and our phone lines are open 24/7
Free Consultations
Your first meeting with our legal team is always free.
5-Star Reviews
Our firm has earned hundreds of 5-star reviews across Canada.
Proudly Serving Ontario
Our lawyers serve clients across the province.
National Law Firm
We have offices open across Canada.
We Handle Negotiations
Focus on recovery while we deal with the hard stuff.
No Upfront Payment
It costs nothing for you to hire our lawyers for your case.
The 1-800-JUSTICE® Promise
We do what’s best for our clients in the long run, not just today.
Losses caused by broker negligence can affect your income and your future plans. If your coverage was denied or underpaid because of a mistake by an insurance broker or agent, contact Preszler Injury Lawyers today.
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Meet our Ontario Broker Negligence Lawyers
Frequently Asked Questions
Wondering about broker negligence claims and disputes? Read answers to our most asked questions.
What are uninsured losses?
Uninsured losses are losses that are not covered under an insurance policy. In some cases, uninsured losses may be recoverable in a broker negligence claim.
What is a material misrepresentation?
An insurer might allege that there is a material misrepresentation where facts were misrepresented on an insurance application or in other communications. A material misrepresentation might allow an insurer to void an insurance policy.
What is a material change in risk?
An insurer might allege that there was a material change in risk where the risk changed after the policy was issued. An example of a material change in risk might be if an owner-occupied dwelling were changed to a rental property. A material misrepresentation might allow the insurer to void the policy so that, legally, it is treated as if there was no policy in place on the date of an insured loss.
What if my broker says I never asked for coverage?
Often, disputes about what was requested or discussed with a broker are complex and may involve the analysis of notes, memos, call recordings, emails, applications, and other documents.
Can I have a claim against both an insurer and an insurance broker?
Yes, in some cases, a claim must be pursued against both an insurer and an insurance broker if there are issues with the insurer’s conduct and the broker also failed in their duties. Depending on the circumstances, both claims may be pursued in the same lawsuit.
What does it mean to bind insurance coverage?
An insurance broker can often put certain types of coverage in place, or “bind” coverage, with an insurer prior to having any approval from the insurer. Coverage is in place as soon as the coverage is “bound”. A broker who can bind coverage for a given insurer is sometimes referred to as a “binding agent” or as having “binding authority” for that insurer. Similarly, a “binder” is a brief summary of coverage provided to an individual or business prior to their entire policy being available.
What is a coverage exclusion?
Most insurance policies contain various exclusions that explain when coverage will not apply. The insurer has the legal obligation to establish that an exclusion applies. There might be general exclusions that apply to all of the policy coverages, and other exclusions that are specific to certain coverages (for instance, exclusions that only apply to flood losses). Sometimes exclusions also contain exceptions, carving out circumstances where the exclusion will not apply.
Is a complaint to the brokerage’s regulatory body the same as a lawsuit against a broker?
No, a complaint to an insurance regulatory body is based on a broker’s professional obligations under their governing body. Such a complaint does not necessarily involve compensation being provided to you as a result of the broker not meeting their obligations. A lawsuit is commenced to seek compensation for losses caused by the broker failing to meet their legal obligations. A lawsuit is pursued through the court system.
Proudly Serving Ontario
Free Case Review for Ontarians
Whether your claim involves a home, rental property, business, or commercial building, our Ontario insurance broker negligence claims lawyers can help you understand your options and protect the coverage you are entitled to. To learn more about how we may be able to help you, contact us today and receive a free, no-obligation initial consultation on your case.
Areas We Serve
TORONTO | OTTAWA | MISSISSAUGA | BRAMPTON | SCARBOROUGH | HAMILTON | LONDON | ETOBICOKE | MARKHAM | VAUGHAN | KITCHENER | WINDSOR | OAKVILLE | RICHMOND HILL | BURLINGTON | OSHAWA | SUDBURY | BARRIE | GUELPH | WHITBY | CAMBRIDGE | KANATA | ST. CATHARINES | MILTON | KINGSTON | AJAX | ORLEANS | WATERLOO | THORNHILL | ALGOMA | THUNDER BAY | BRANTFORD | PICKERING | NEWMARKET | NIPISSING | PETERBOROUGH | SAULT STE. MARIE | SARNIA | MUSKOKA | AURORA | BOWMANVILLE | WELLAND | BELLEVILLE | NORTH BAY | STOUFFVILLE | CORNWALL | GEORGINA | QUINTE WEST | BRADFORD | TIMMINS | ORILLIA | ORANGEVILLE | TIMISKAMING | ROCKLAND | COLLINGWOOD | BROOKLIN | COURTICE | LINDSAY | UXBRIDGE | BROCKVILLE | HALIBURTON | COBOURG | TRENTON | BRACEBRIDGE | PETAWAWA | PORT HOPE | NAPANEE | KENORA | PEMBROKE | CARLETON PLACE | ELLIOT LAKE | TEMISKAMING SHORES | HAWKESBURY | UNIONVILLE | MONO | SMITHS FALLS | ARNPRIOR | RENFREW | KAPUSKASING | KIRKLAND LAKE | FORT FRANCES | DRYDEN | PARRY SOUND | GANANOQUE | STIRLING | PICTON | TYENDINAGA | PRESCOTT | BANCROFT | FRANKFORD | MARYSVILLE | WELLINGTON | CARRYING PLACE | RAINY RIVER | AND MORE
Based in Toronto, Ontario. We can help you no matter where you live in Ontario, even if you don’t see your area on this list.
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