Every year, many complaints—numbering in the thousands—are formally filed against Texas insurance agents. Many of these are founded in evidence, but many are not. The Texas Department of Insurance accepts these formal complaints as the body governing the licensing and maintenance of insurance agents. Any insurance agent who has a complaint filed against them may find their license to practice real estate—and with it, their career and livelihood—is in peril.
When a member of the public files a complaint against an insurance agent claiming some sort of law has been violated, the Department first assesses it to determine whether it has jurisdiction over the allegations in it. If so, the Department informs the agent of the complaint and requests a response. This is when it makes sense to help bring in an experienced professional defense attorney—because this is the point at which one can begin to lay the groundwork for a solid defense. This response crafted by the insurance agent and their attorney is sent to the Department but is also received by the party who made the complaint. The Department then investigates whether the issue at hand was managed properly by the agent, according to the policy or certificate of coverage, and whether the agent acted in violation of the insurance laws of the state of Texas. If it finds there has been some violation, the Department may decide to set some form of enforcement action.
Common violations claimed in complaints include suspicions of insurance fraud, improper cancellation of policies, misrepresentation about policy coverage, and rate increases made on discriminatory bases.
Throughout the complaint resolution process, an insurance agent is permitted to have an attorney to aid them.
So call BERTOLINO LLP as soon as you can. The more time we have to create a strong professional license defense, the better the case is likely to go.
We proudly represent licensed professionals across the entire State of Texas. If you are facing disciplinary action for any reason, contact us today or call (512) 717-5432 to schedule a case evaluation. To best serve our clients, we have offices in Austin, Houston, and San Antonio.