Posted On: August 16, 2006, 4:16 pm CDT

Posted By: Alaska Agent

Thank you, Jacqueline. Your right, it's everywhere. Unfortunately, they'll sue us saying we didn't offer it or explain it. That's why we have to protect ourselves because even if you did offer or explain you have to be able to prove it. And even sometimes a signed refusal of coverage might not work.

In Alaska, UM/UIM is optional as well, but our agency has taken the position that we won't write a policy with less than state mins on UM/UIM as well as 5k on Med. If they want bare bones, they can get it from another agency willing to put their E&O on the line. Because even though they signed the refusal, they might argue that you didn't explain.

And what professional producer would ever tell an insured they don't need coverage? Stupid call - you should never tell an insured they don't need coverage. If you do, you're negligent and should be sued and lose your license, too. You explain the situation putting the ball back in their court and, like Mark H said, put the burden on them to purchase. And document, document, document!

I'm so sick and tired of people who won't take responsibility for their own actions - the coffee was too hot, the music or the commercials I allow my children to watch made him/her shoot that other kid, the bar allowed me to get drunk. Give me a break people...you made the choice! Buy the coverage or don't, but if YOU CHOOSE to "don't", then "don't" complain (or lie) that "you didn't know" when you have an incident that's not covered with the coverage you CHOSE to purchase.

I feel bad for those people on the gulf coast - I really do. But it's not the insurance company's fault that mother nature happen and that the insured CHOSE not to purchase coverage that would have covered mother nature's rath. My parents were affected in Florida by Ivan, but they didn't go blaming anyone or sueing for damages. And yes, the consumers should be able to count on the professional insight of their agents, but, as Nancy said, they should know what they're buying too and if your gut says something and your agent says "No" (how stupid!) then go get another opinion as you would for medical issues. And then call the DOI and report the agent. The owners and managers should be monitoring their producers. If they're not, then they're negligent.

It's a sad thing that happened along the gulf coast, but if you're gonna CHOOSE to live there, know that these events can happen and either buy coverage to protect yourself or self insure. It's just that simple.