Who pays when a Maryland insurance agent skips your coverage?

Your claim comes back denied, and the letter says the coverage you thought you had was never on your policy. Your agent may have told you that you were covered, so the denial can feel like a double blow. Understanding who pays matters because it decides who you can pursue for the gap and how soon you need to act.

An independent agent’s mistake generally falls on the agent, not the insurer

Your agent either sold policies from several insurers or worked for just one. If your agent was independent and the insurer did not control the agent, Maryland courts have held that the insurer is not responsible for the agent’s statements, so the agent or agency is the one to look to for the missing coverage.

If your agent worked only for one insurer, that insurer is more likely to answer for the agent’s representations under Maryland agency law.

Your proof of the request shapes your claim against the agent

You generally need to show that you asked for the coverage. Emails, application notes and quotes that list it may help show what you requested and what the agent promised. Without that record, a dispute may come down to your word against the agent’s, and the loss may stay with you.

Reading your policy when it arrives matters too. Maryland follows a duty to read doctrine, so if the policy clearly left out the coverage and you did not review it, the agent or insurer may argue you share the blame. In a negligence claim, that argument can bar your recovery.

Skipping requested coverage may breach a professional duty

Insurance agents are licensed professionals, and one who falls short of the expected standard of care may face a professional negligence claim. If your policy arrived without the coverage you asked for, the agent may be to blame.

Maryland courts expect a broker or agent to use reasonable skill and care when arranging your policy, and that duty applies mainly while the agent is getting you the policy. A gap that existed from the start may therefore point to professional negligence or breach of contract by the agent.

Acting before the three-year window closes protects your claim

Maryland generally requires a civil lawsuit to be filed within three years from the date it accrues. Because that date can be hard to pin down under the discovery rule, waiting may put your claim at risk. Gathering your policy, your communications with the agent, and the denial letter now may keep your options open.

A denial letter does not have to be the final word on your coverage. An experienced attorney may help you test what your agent owed you and act before the three-year window closes.