Anyone here knowledgeable about insurance?

[Beaux]

Hi All,

I need some serious advice concerning a situation that has arisen with my commercial liability insurance company. I am not personally knowledgeable enough in the field of insurance to know if I am being defrauded or not, but something fishy is sure going on.

Short Summery:

Dec 4th I signed a commercial insurance contract with a insurance broker and gave them my bank card info for them to take payment.

December thru January 19th we communicate on numerous occasions concerning listing equipment in the policy. Nothing seemed out of the ordinary.

January 20th, due to a manufacturering defect a wheel came off of the insured property (my food trailer) which resulted in damage to the trailer and associated equipment.

January 24th(I think) I received an email from the broker saying that due to an error on her end, she never charged my account for the policy and that I wasn't actually insured, HOWEVER, that if I would allow them to go ahead and take the money out of my account, that they would still cover the claim. Of course, I agreed for them to take the money and they did.

Since then, they have done nothing but give me the run around and she STILL hasn't filed a claim! I missed my house note this month because I had to use the money to pay the repair shop for fixing the trailer. I don't have the money to replace the damaged equipment and cannot reopen the business with out it.

Also, she is making a REALLY big deal about not wanting to submit the towing bill in my claim, which I cannot help but to wonder if it is because the bill has the date of the accident, which is a date I wasn't insured.

I find it difficult to believe that the insurance company is ok with paying on a claim for damages that happend before she submitted my payment for insurance...?

Personally, I fill like she is actually going to have to pay for my damages out of pocket and that is why she continues to try and talk me out of making a claim AND why she has yet to place the claim after all these weeks of me telling her I want it placed.

Does ANYONE have any advice or suggestions? Do I need a lawyer?

~Beaux

[InbetweenDreams]

Damn dude...How much money are we talking...like over $1,000? I mean I would suggest a lawyer but those guys are also bad for kicking the can down the road and is the insurance company a small firm or is this a bigger company like Geico or Aflac...? If it is a considerable amount of money a lawyer might be a good way to go but one piece of advice if the lawyer asks for money upfront you probably don't have a case. Also when you say...they said they would cover the claim, was it in writing or did they say that over the phone or in a conversation...I have a feeling they just wanted your money and are going to try weaseling out of your claim... Basically you need to consider whether or not the damage done to the trailer and equipment plus the money you spent on the insurance and everything else that has taken place is worth risking more on litigation...

[Beaux]

Damn dude...How much money are we talking...like over $1,000? I mean I would suggest a lawyer but those guys are also bad for kicking the can down the road and is the insurance company a small firm or is this a bigger company like Geico or Aflac...? If it is a considerable amount of money a lawyer might be a good way to go but one piece of advice if the lawyer asks for money upfront you probably don't have a case. Also when you say...they said they would cover the claim, was it in writing or did they say that over the phone or in a conversation...I have a feeling they just wanted your money and are going to try weaseling out of your claim... Basically you need to consider whether or not the damage done to the trailer and equipment plus the money you spent on the insurance and everything else that has taken place is worth risking more on litigation...

Having been a business owner for many years and due to having properties in numerous states that are jointly owned by a gay couple, my husband and I keep a lawyer on retainer. So, I have one I can go to if need by with out any out of pocket expenses.

We are taking about ~$2000 worth of damages.

~Beaux

[kindy64]

Sounds like she is in CYA mode.

I'd demand a check for the amount to fix the trailer, equipment, and a copy of your insurance certificate/policy. Threaten a lawsuit and going to your states Department of Insurance to file a complaint. It is her companies fuck up and they need to own up and take care of it.

http://www.doi.sc.gov/8/Consumers

[InbetweenDreams]

In that case it might be worth looking into...$2,000 isn't exactly pocket change but seeing that I'm no legal expert you might give them a call and see if anything can be done...I mean I don't know how one goes to an insurance company, fills out the paperwork for a policy and somehow was never charged for the policy and then doesn't want to file a claim...sounds like a very crummy insurance company...

[Beaux]

As I am sure you know, it wouldn't be in my best interest to publicly state the name of the company the broker works for, in the event that this goes to litigation. However, I will say that the company itself is a local company that is generally considered quite reputable here in the Charleston area.....having said that, I will note, that the broker herself has done things I find questionable, and that she made effected these questionable actions (at least in part) with the full knowledge of the owner of the company....
~Beaux

[LJay]

Good Man, get thee even unto thy lawyer!

Perhaps he will be able to write a letter to the insurance agent asking for clarification and immediate action. The real question here is not whether you were insured, but whether the insurer will own up to the agent's negligence in dealing with the payment. The lawyer is your best resource. Go to him quickly.

I do hope you have some sort of receipt for the payment.

There is a good lesson here for all. Get it in writing! These days we telephone much too readily.

[Camfer]

I would call your insurance agent and tell her that you are going to file the claim directly with the insurance company tomorrow, or if she wants she can file it today, but you are done waiting for her to take action. You do not need her to file the claim. Do it yourself. I have filed plenty of claims and never used an agent to do that.

If they refuse the claim due to a policy period issue, then your recourse is with the agent and not the underwriter.

I'm not an attorney, just my opinion is given here.

[Borg69]

I would be considering stating your case to the Better Business Bureau, The Dept. of Justice., and possibly the 6 o'clock news - who else? OSHA ??. Granted, mistakes happen... but you were paying them to cover your mistakes. They didn't pay you to cover theirs. Make sure you keep that e-mail she sent you where she admits to her F'ups.