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David Lee | What recourse do I have with my home owner's insurance provider who added coverage without my consent? |
Last month I was notified by my mortgage company that my home mortgage payment had increased. After researching it, I discovered that my insurance agent had added an endorsement to my policy two months ago without my knowledge or consent. When I asked, he said that he didn't want to have to deny a claim for sewer backup like he had earlier in the year.
I blew my lid and now they have referred me to their lawyers who won't talk to me.
Is their action criminal? What legal recourse do I have?
Thanks,
David
Additional Details
I was in error. The coverage that was added was actually water backup and sump overflow. It was $152 for 4 months. Thanks, |
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duffmanasu
 |
As an agent, I have to say that what your agent did (while he thought it was in your best interest) was extremely unethical. He has no right to add an endorsement to your policy without your consent.
If the insurance company adds an endorsement as a whole to all policies, or removes one for that matter, that is completely fine (this happens relatively often). But when an agent selectively goes through his clients and adds coverages because another client had an uncover loss, this is completely wrong.
So, if one of his client's home was flooded, but that person hadn't purchased flood insurance, is he just going to apply for flood insurance for all of his clients and mail a bill to their mortgagee company?
Submit a written request directly to the Fire division of the insurance company explaining the situation and that you'd like to have the coverage removed retroactively and your premium reimbursed because you never provided your consent to have the coverage added.
With that said, just like everybody else, I would advise you to honestly consider maintaining this coverage, as it is a fairly common claim type.
I would also request that my policies be reassigned to another agent. If your agent thought you were at risk, he should have merely called you and asked to meet with you to talk about it (we do that in my office all the time). If you ignored his call or refused to meet with him, then it's your fault if you have an uncovered claim. In no scenario should an agent individually add coverages to a policy that would increase the premium without your consent.
Also, you may want to consider filing a complaint with your state's Department of Insurance. Just google your state's name and the phrase "Department of Insurance" and their site will pop right up (it might be called something other than "department of insurance" but the search will still work). That site should give you instructions on how to file a claim against him. He most likely won't lose his license unless he has numerous complaints, but at least he'll be notified that he's had a formal complaint issued against him. |
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car253
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If your not happy with that extra coverage then ask them to remove it. That's all.
However, back up of sewer is very cheap so you should barely even see any change in your premium. This is a cheap and important coverage to have. I won't be mad at your agent. I would be glad that he thought you needed this coverage and added it. Especially because it is so cheap.
If your seeing a big change in premium, I would bet it is not due to just this sewer backup endorsement. There must be some other reason. If your policy just renewed the coverage has increased with the rate of inflation which would also increase your premium. I am talking about the dwelling coverage. If the dwelling coverage changed, which is due to inflation and has nothing to do with your agent, then the premium would increase too. And, maybe your company had a premium rate increase.
I would bet that your premium increase had almost nothing to do with that endorsement. I wouldn't be mad about that.
All the agent had to do was find out why your premiums really did increase or remove the endorsement. So, I am not sure why they did not do that.
The best thing to do is talk to the Insurance Commissioner or Dept. of Insurance and ask them why your premiums increased. Don't even mention the endorsement. Let them figure it out. |
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Doctor Deth
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simple - cancel the policy and get a new one with another company - the old one will have to refund you the prorated poryion of the premium for the time left in the policy year |
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Gambit
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Their action isn't criminal, since the action of the agent, while costing you more money, actually benefits you. However what they did was unethical since they changed your policy without your knowledge or consent. You can try and contact the insurer directly and explain the situation and see if you can have another agent/brokerage take over the policy. You can also contact the organization that licenses agents in your jurisdiction and file a complaint with them. You can also just cancel your policy and start a new one with another company.
On a side note Sewer Backup coverage is an extremely important coverage (even if you are on a septic system). Whatever happens I strongly recommend that you keep the coverage. |
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Andrea
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If they are not talking to you, I suggest you contact your state's insurance commissioner. I can't believe it is legal or ethical to add anything to your policy without your consent.
Good luck. |
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Queen B
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just have it taken off. they will probably want you to sign something to show you understand they coverage is no longer on the policy. |
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TedEx
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Let's flip this situation around..
Let's say there is a water backup,,and you sustain thousands of dollars in damage.
You file a claim and your agent tells you that you are not covered.you ask " why not" and he tells you , "this coverage just became available, and you do not have it.. You ask" Why didn't you just add it, so I would be protected. He replies, " when I did that to the last guy, he went through the roof and threated legal action, , so why should I put my *** on the line for anybody?"
By the way, check your mail lately??? When they added this endorsement,they would have mailed you a copy. That is the law. |
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