Kitch - Attorneys & Counselors
Insurance Agent


For more than thirty years, the firm has addressed liability and regulatory issues of insurance agents. This has included extensive representation in insurance agent errors and omissions cases, whether litigated or arbitrated, or brought by insured or insurers.  It has also included advising agents on business and licensing issues.

Clients served include some of the largest agencies in the business, as well as small rural agencies.  We have also worked with insurers, agents, brokers, and large insured parties in reviewing and negotiating representation agreements, developing agency and financial guarantee agreements, acquiring agencies, and ironing out contract issues between agents and their principal insurers and customers.

Representative examples of disputes we have handled include:

  • Alleged failure of a large agency to report multi-million dollar aggregate breaking claims to excess carriers resulting in denial of coverage by the excess carriers for lack of notice
  • Failure of an agent to report changes concerning the insured as the insurer moved from agent issued to direct issue of policies
  • Alleged failure of an agent to offer other better insurance alternatives because the agent participated in a preferred insurers' incentive commission plan
  • Alleged failure of an agent to check the right box on its part of the insurance application, resulting in the insurer's denial of a claim for employee owned auto coverage that would have been covered without the payment of an additional premium
  • Placement of insurance with a company that went into reorganization and liquidation shortly after the insurance was placed.

Whenever we represent an insurance agency in litigation, whether retained directly by the agency or through its errors and omissions insurer, we always aggressively seek the best and most cost-effective solution for the client agency.  Often we find an early motion for dismissal can end the matter quickly, efficiently and at minimal client cost.


Michael Watza
T (313) 965-7983