Insurance Agent & Broker/Independent Adjuster Defense

Insurance Agent & Broker/Independent Adjuster Defense

Cobb Martinez Woodward regularly represents and advises a variety of insurance professionals who find themselves involved in lawsuits or responding to regulatory investigations, including:  

  • Agents 
  • Brokers 
  • Insurance adjusters and adjusting companies 
  • Loss consultants hired to assist on insurance-related claims 


Our attorneys represent insurance agencies and their agents and brokers in wide-ranging litigation that often involves an alleged error or omission by the insurance professional concerning various types of insurance policies. We defend and represent insurance agents and brokers whose businesses involve primary carriers, excess carriers, surplus lines carriers, commercial general liability insurance, commercial property insurance, builder’s risk insurance, general liability insurance, and homeowners’ insurance, among others. Through our long history of representing insurance professionals, our lawyers have significant knowledge and understanding of the various agency relationships between and among the parties in the insurance industry, and we have defended local insurance agents, as well as wholesale insurance brokers.

Many disputes against insurance agents and brokers typically involve insurance coverage issues that impact defense strategies and potential liability of all the parties involved in the insurance transaction. Our attorneys are experienced in insurance coverage matters involving various third-party liability insurance, employers’ liability insurance, property and casualty insurance, business auto insurance, and general liability insurance. With our breadth of knowledge, we understand the interaction between insurance coverage and the important role insurance agents and brokers play.

CMW regularly defends insurance adjusters, independent adjusting firms, and insurance loss consultants against allegations of bad faith, Texas Insurance Code violations, misrepresentation, and general claims handling practices. Our attorneys represent adjusters in claims involving alleged property damage due to hail, wind, storms and fires.

CMW also advises and represents insurance agents, brokers and adjusters in responding to inquiries and investigations by the Texas Department of Insurance concerning licensing and regulatory matters.

Among the types of cases we are asked to handle include:  

  • Alleged misrepresentation of policy provisions or available coverage 
  • Coverage opinions and declaratory judgments 
  • Defense of cases filed against insurers 
  • Failure to procure insurance 
  • Failure to renew insurance or advise of lapsing coverage 
  • Failure to submit claim to carrier 
  • First party claim litigation 
  • Insurer Bad Faith / Breach of Contract 
  • Professional liability defense 
  • Reservation of rights and denial letters 
  • Texas Prompt Payment of Claims Act 
  • Violation of the Texas Insurance Code and/or Texas Deceptive Trade Practices Act