How to sue insurance company for fraud

by Guest » Fri Feb 06, 2009 09:49 pm
Guest

Back in june of 08 I wanted to renew my Workmans Comp Insurance But I needed it changed. I needed to change the coverage from carpentry and siding of two story dwellings to satellite tv installations also I needed to have myself covered under this policy which I didn't before. So I went to my agent to have this done I got my quote for the policy which was about $2,500 which I thought was alot but I never had to cover myself on the policy so I figured it could be that much so I paid the $2,500 in full like your suppose to then in november of 08 I get a bill for $1,250 on top of the $2,500 I already paid when I called my agent she said she didn't know why I was getting another bill but it says I owe it so I need to pay it after a month of phone tag I still had no idea why I owed more money finaly I talked to another agent at the same company who figured out that they raised my premium based on last years audit thats when I said wait a minute whats the policy covering and the first agent never changed the policy from carpentry to the tv Installations so they end up canceling my policy because I said I wasn't paying more money on a policy that isnt what I needed in the first place then they said I couldn't get the right policy until I payed the $1,250 on the last policy so now im into a policy that I don't have for almost $4,000 that wasn't what I wanted in the first place and I can't get a new one because all my money is tied up in a policy that they had cancelled and not having this Insurance could cost me my job Ive absolutly had it with them and its starting to cause problems at home :x :x :x

Total Comments: 13

Posted: Fri Feb 06, 2009 11:17 pm Post Subject:

To answer your question yes you can sue your carrier...will you win? maybe...I think you need to go to your states dept of insurance (they have a website) and fill out a complaint, prior to that I'd probably try and reach the agents boss for the insurance company your policy was purchased thru...he/she should have a district manager or someone you can contact...call the company direct, and ask to speak to whomever supervises the agents...explain your problem if they cannot help, then advise them you have no choice but to file a complaint with the dept of insurance, and possibly an E and O (errors and ommissions) claim...do let us know.

Posted: Fri Feb 06, 2009 11:37 pm Post Subject:

I'd think you'd be suing the agent, not necessarily the insurance company. If they happen to be a captive agent (work directly for the insurance company) then, yes you'd be suing the insurance company as well.

People think a suit is a quick solution to any problem. Trust me it's not. You need to _pay_ an attorney a lot of money to start the process. The process of discovery can take, at a minimum, of months and most cases don't ever go to court. So I don't know if you'd want to make this your first action in solving the problem.

I'd start with the application. I'd think it would have you fill out what type of business your in. Does it? If so, you'd be able to show the agent that they made the mistake and that they needed to correct it. I'm betting if this were the case they would correct the situation very quickly.

If you cancelled the policy and the refunded the money, why would you want to obtained a correct policy from the same company they screwed it up in the first place? Why can't you go through another agent and obtained a correct policy, pay for it, and then there are no problems?

Posted: Mon Dec 06, 2010 01:50 pm Post Subject: when is it worth it?

if i have a claim for just 680 dollars that hasn't been paid for 9 months, would it be possible to sue the insurance company for "bad faith" ? would the cost be prohibitively expensive?

Posted: Mon Dec 06, 2010 06:11 pm Post Subject:

would it be possible to sue the insurance company for "bad faith" ? would the cost be prohibitively expensive?



First, please read my sig.

You could file suit. You'd need to prepare the complaint (easy), file it with the court (easy) and serve the complaint against the company (easy). You'd also need to pay the filing fee, which is probably under $100 and if you win you could recover that expense. You'd have your claim paid if you won.

You could do all of that or... have you asked why the bill has not been paid? You don't mention this.

Posted: Tue Nov 22, 2011 05:04 am Post Subject: AUTO,LIFE,RENTERS

I GOT SOME INSURANCE THREW /// AND THIS GUY MISLEAD ME FOR 3MONTHS THE WHOLE TIME IM THINKIN FOR TE FIRST TWO ANDA HALF MONTHS I HAD LIFE INS. EVEN WHEN I GOT LETTER SAYIN IT WAS TERMINTED HE SAID IT WAS FINE DONT WORRY ABOUT IT SO IN THE THRID MONTH MY AUTO,RENTERS WAS DUE HE SAID YOU FINE WITH YHE CAR INS YOU GOT 2DAYS BE4 YOUR LIFE INS, EXPIRE DONT WORRY ABOUT THE AUTO I WILL SEND A COPY OF THE CARD TO YO EMAIL I SAID FINE AND SENT THE$$ FOR THE LIFE TWOWEELS LATE MY TRUCK GOT HIT IN THE PARKING LOT "HIT &RUN" I TEXED HIM BE4 I GOT THE POLICE REPORT AND TOLD HIM HE SAID TO CALL HIM BACK HE WAS IN A MEETING ANOTHER AGENT TOLD ME TO GET TWO QUOTES ON HOW MUCH IT COST TO FIX "I DID" STILL NEVER HEARD FROM THAT AGENTTWO DAYS LATER HE CALLED AND SAID I WASNT COVER FOR TWO WEEKS..AND TO SEE IF I CAN GET MY OLD INS.COMPANY TO PAY FOR IT I SAY WHAT HOW?? HAVNT HAD THEM IN 3MONTHS AND MY TRUCK WAS DOWN AROUND THT TIME WHAT SHOULD I DO NEXT??

Posted: Wed Nov 23, 2011 10:47 am Post Subject:

You should start a new thread and write more clearly for an expert advice.

Whatever I could understand, is that you've been cheated by your agent. In this case you are not likely to get any reimbursement from th insurer because your policy has lapsed. What you can do is, contact the company pay the fine and renew the policy to cover any future claims. And also lodge a complaint against this agent.

Posted: Sat Sep 15, 2012 11:11 am Post Subject: Breach of contract

I have a trailer repair business that i bought in 2010. In order to do business with the County I live in I had to have a one million dollar policy.So after finding the best price I went with the one I have now. It has been two years and no problems until I had a small theft at the business. I was going to take care of it out of pocket. I still called my Insurance Co. to see what would be covered. The adjuster that we (my wife and I) talked to said we weren't covered because my business was listed with them as a Auto Repair Shop. Even on my policy it states "trailer repair and sales". So the adjuster said someone must have messed up.When we started the shop, the owner of the Insurance Co. even came to my business to do measuring for square footage and such. And was told right there what kind of business it was to be. When calling the agents employee (not the owner) back he stated he would send us 250.00 for good faith money. My question is: Why should I have paid anything over the pass two years when I wasn't insured for what I ask to be insured for? Thank God nothing happened before this for a major amount. I would have lost everything. Thank you for your time.

Posted: Sat Sep 15, 2012 02:53 pm Post Subject:

First... see my sig. You are adding to a thread that is older then a year.

I doubt the owner of the insurance company came out. Sounds like it was the owner of the agency. The insurance company should be handling a claim, not the agents office so if someone told you the claim would be denied, it should have been the insurance company. Did the agent offer you $250? I'm confused about who is doing what... and it makes a difference.

Did the insurance company rescind the policy? if not, they they are not denying coverage over the 2 year period. If you are not going to file a claim then you now have coverage for 2 years for what you paid _and_ $250 that you did not have before and would not have had. So it sounds like your only complaint is the free $250. It also sounds like who ever paid you the $250 committed themselves to offering you full coverage for this loss.

Posted: Sun Sep 16, 2012 06:45 am Post Subject:

When we started the shop, the owner of the Insurance Co. even came to my business to do measuring for square footage and such. And was told right there what kind of business it was to be. When calling the agents employee (not the owner) back he stated he would send us 250.00 for good faith money.


You never met the "owner" of your insurance company. You may have met a person who owns an insurance agency. Anyone who claims they are going to send you $250 "for good faith money" is probably committing a crime or, at the very least, a violation of state insurance regulations.

If your policy was only a LIABILITY policy, you would have no coverage for theft of any property.

But if your insurance company is denying your claim on the basis that your business is misrepresented, and your policy declarations show otherwise, you should file a complaint with the state Dept of Insurance alleging one or more violations of the Unfair Claims Practices act in your state. You should also report the person who offered to personally pay a portion of your loss -- the DOI will certainly want to discuss that matter with him.

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