who is responsible for the non issuance of certificates?

by buckisaa » Fri Mar 27, 2009 08:04 am

In my experience of insurance industry i had came across one typical case where the person had given all the related documents in order to get the life insurance. Agent (i) submitted all the docs to the concerned office of the insurance company.Those officials over there even gave the acknowledgment towards the docs.

After some days insurance company demanded the same documents to the client which he had submitted previously stating that they have lost the docs.

Now my question is --- whether any client can sue the insurance company in this particular case where the insurance policy is not yet issued?

thanks in advance

Total Comments: 8

Posted: Fri Mar 27, 2009 09:46 am Post Subject:

IMO one is required to take the case to the state insurance department and to the insurance commissioner. If the client has the proof that the insurance company has received all the documents, then he may hold the insurance company irresponsible in their way of handling documents.

Posted: Fri Mar 27, 2009 09:56 am Post Subject:

What type of documents he was asked to submit? How long it has been? Has he heard anything about the status of his application from the insurer? Are you sure that the insurance company hasn't asked for the additional documents instead? The agent should be able to find the answers to these questions.

If the customer hasn't received the policy document yet, he might then only have demand the premium check back from the insurer.

Posted: Fri Mar 27, 2009 10:14 am Post Subject:

actually insurer has asked for all the docs in photostat only. but i being the agent can't really state it to the client that he should submit the docs again to the insurance company.Client is really furious

Posted: Fri Mar 27, 2009 11:36 am Post Subject:

Do you have any other recourse? You either have to ask the client to resubmit the documents or may have to forgo the business. IMO you are in quite a predicament. You being the agent must be in the position to tell the client where to go to file complaint against the insurer. I think its a clerk at the desk who has lost these docs. Is it possible for you to track him down and demand the docs back?

Posted: Fri Mar 27, 2009 12:49 pm Post Subject:

Hi..

Those officials over there even gave the acknowledgment towards the docs.


Was it just a verbal acknowledgment?

but i being the agent can't really state it to the client that he should submit the docs again to the insurance company.


I'd simply wonder why you haven't explained the submission procedures to your client in advance. By doing this you could have easily avoided such confusions.

Roddick

Posted: Fri Mar 27, 2009 09:50 pm Post Subject:

Insurance companies lose things all of the time. They probably received the documents in the first place, confirmed that they had been received, and the insurer promptly misplaced them.

This happens a lot, and really is nothing more than a matter of getting them another copy. Why the talk about a lawsuit? What would be the basis for the litigation? Where's the harm? I cannot see negligence involved here. Just because the insurer misplaced documents, I simply don't see this as negligence. In order for liability to be found, there has to be an element of negligence, and I don't see it here.

IMO one is required to take the case to the state insurance department and to the insurance commissioner. If the client has the proof that the insurance company has received all the documents, then he may hold the insurance company irresponsible in their way of handling documents.



The commissioner/department of insurance could care less about this unless there is a repetitive and abusive pattern of this action on the part of the insurer. I can see the conversation now:

Customer: "Hi, I'd like to file a complaint."
DOI: "Sure, what happened?"
Customer: "They lost some documents that I sent them."
DOI: (silence) "What?"
Customer: "Yeah. They lost documents and now I have to send them AGAIN!" I want you to go after them and fine or censure them!"
DOI: "Ummmm...sure we will. Let me contact our Attorney General and I'm sure they'll get right on it!"

I think that just about everyone has misplaced something at one point in time or another, and think of the reams and volume of paperwork on an insurer level. Give it a rest, and just forward the documentation.

Why do so many people immediately go to the litigation card when things don't go exactly as they want? :twisted: Unless there is missing info in the OPs post, such as actual harm occurred, then just let it go and get the carrier the info they want.

InsTeacher 8)

Posted: Sat Mar 28, 2009 09:04 am Post Subject:

Well Teacher, even if we agree on the front that the insurer can misplace documents because of the volume of papers that they receive everyday, shouldn't they be more careful on their way of handling those? I mean isn't it quite obvious that they'd receive volumes of docs from million clients. Think about the hassle on the part of the client who has to send all the documents again. Not all, like you, are aware of the working process of the insurance company. And therefore, these incidents would cause distrust amongst the consumers.

Posted: Sun Mar 29, 2009 02:19 pm Post Subject:

Couldn't you just use another insurance company? I know they probably don't have a habit of doing this, but I don't see the client wanting to do business with a company that loses paperwork. Of course, the right thing for the insurance company to do is to step up and call the client themselves and apologize for their ineptness then ask the client for the documents again. Of course, I'm sure this won't happen.

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