Try as we might, none of us are immune from making a mistake on the job. It matters not our effort nor how much experience we have. It's just, well, life. Mistakes vary in their severity, and that's likely tied to their consequences—both for the employee and employer. But one consequence for a mistake at work, that probably causes no worry for most, is to be found personally liable. In other words, to be sued for it.
Of course, there has long been an exception for doctors, lawyers, architects and a host of other professionals. Is it now time to add insurance adjusters to the list of those who could find themselves in the crosshairs of a plaintiff's attorney for getting it wrong at the office? A review of case law over the past few years suggests that adjusters may sometimes need to lawyer up.
In some ways this is not at all surprising. Special rules have long applied to the relationship between insurance companies and their customers versus other businesses. Insurance contracts sometimes have unique ways to be interpreted, a fiduciary duty may be owed to the customer and statutes may govern the relationship. That insurance company employees may be personally liable for a mishap on the job is another entry in the category of what can make insurance a different animal.
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