She gave me proof of insurance, but I am NOT insured...?

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BeauBoi
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Joined: Tue Feb 16, 2016 1:09 pm

She gave me proof of insurance, but I am NOT insured...?

Post by BeauBoi »

Hi All!

If the is in the wrong area, I apologize, and ask that a mod move it.

I just joined here to ask a question regarding a situation I have found myself in since I know virtually nothing about insurance.

I recently opened a business (that involves a trailer) and I got liability insurance to cover damage to customer property and my own property. The agent had me sign the policy and took my payment info, then came back with a card that said I was insured.

Due to a manufacturer's defect, 1 1/2 month later a tire came off my trailer while traveling down the interstate. Thank God no one was hurt, but the accident did ~$1000 damage to the property I had insured.

I reported it to the agent, who said "no problem", but a few hours later I received an email from her saying that she had forgotten to run my payment info and I was never insured, BUT that it wouldn't be a problem if would go ahead and pay her the money (which I did). That was 2 weeks ago.

I haven't heard anything from her since. I have sent multiple emails and left numberous voice messages, but she hasn't returned my calls or contacted me in any way.

Do I need to hire a lawyer...?

Thanks in advance,
Beau
beachagent
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by beachagent »

Sounds like she made a huge error. She should have never provided you with evidence of insurance if she never processed your payment.
Last edited by beachagent on Wed Feb 17, 2016 11:24 am, edited 1 time in total.
Brenda H
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by Brenda H »

First of all, glad nobody was hurt in the accident. This sounds like it is going to have to be covered under the agent's errors and Omissions policy, since "she forgot to run your payment". I don't know what company she placed you with, but I would be surprised if they paid the claim. They may and come back to the agent for compensation. It sounds as if she thought this might be the case, but it's not and she doesn't want to tell you. If you have the means, I think an attorney would be in order to get your claim paid and a call to the State Board of Insurance would be in order, as well as getting a new agent to put insurance on my vehicles, as you might still have no insurance. Just my two cents.
d's insurance store
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Joined: Tue Mar 14, 2006 11:04 am

Re: She gave me proof of insurance, but I am NOT insured...?

Post by d's insurance store »

You need to make one final phone call threatening to go to your state's insurance regulatory authority, and if you don't get a quick response, look up the consumer complaint area of the insurance commissioner's office and tell them your story.

There are just all kinds of discrepancy issues here and you're only telling your side of the story, but my guess is that you'll likely have some recourse if your story is even close to the truth.
Big Dog
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by Big Dog »

Let me guess - it was a State Farm, Farmers or Allstate agent that coverage was placed with, and not an "independent agent", right?
askfcg
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by askfcg »

One of 2 things is going on- she either did in fact fail to "book" the account., or is simply stealing-

1- Notify the Insurer and demand a claim investigation- what she gave you may be legally binding on the Insurer- but you need to seek advice of counsel to verify that ultimately. BUT- you should still notify the Insurer.

2) Go online and request assistance from the Calif Dept of Insurance. Since money is involved, they will jump on it.

I do get professionally involved in such matters as a former malpractice claims adjuster and Insurance Broker. I can refer you to highly qualified attorneys. Fell ree to reach out to me at fjfisher@fishercg.com
d's insurance store
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Posts: 350
Joined: Tue Mar 14, 2006 11:04 am

Re: She gave me proof of insurance, but I am NOT insured...?

Post by d's insurance store »

askfcg wrote:One of 2 things is going on- she either did in fact fail to "book" the account., or is simply stealing-

1- Notify the Insurer and demand a claim investigation- what she gave you may be legally binding on the Insurer- but you need to seek advice of counsel to verify that ultimately. BUT- you should still notify the Insurer.

2) Go online and request assistance from the Calif Dept of Insurance. Since money is involved, they will jump on it.

I do get professionally involved in such matters as a former malpractice claims adjuster and Insurance Broker. I can refer you to highly qualified attorneys. Fell free to reach out to me at fjfisher@fishercg.com
If you're really a former malpractice adjuster and broker, then I find it interesting, professionally at least, that without any indication from the original poster about their domicile state, you've concluded it's California.

Given the wide distribution of this site, the original post could have come from any of the 50 states, the District of Columbia or even one of the many US Territories, all of which have different governing bodies with insurance oversight.

I humbly and respectfully submit that advising someone who never identified their home state to ask advice from a specific state agency is a bit of malpractice in and of itself.
LPLGuru
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by LPLGuru »

BeauBoi -
Suggest a personal visit to the agent/agency themselves. Not too many attorneys will take a $1,000 claim against an insurance agent's E&O. Sounds like most agree that the agent fumbled. This is why they carry E&O themselves.
Hiring an attorney for such a small claim simply does not make sense. What DOES make sense, is a complaint to your state department of insurance....
Fred is a fantastic source and a legend in the E&O industry. I'm sure he has good foundation behind his comments.
thomkast
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by thomkast »

Sounds like a auto liability claim. What type of policy did you purchase?
Thom In Naples
http://margotkast.com
mccluney
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by mccluney »

Hey: Enough speculation, it has been almost two months now, Beau needs to give us an update on what he has done to resolve his incident.
sekigor
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Re: She gave me proof of insurance, but I am NOT insured...?

Post by sekigor »

Sound like huge E&O claim too. Without confirmation from the insurance carrier or wholesaler I don't understand why they are doing this.


https://www.insurox.com
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