Legal Question in Insurance Law in Oregon

Inresposability of insurance agent cost be $2,300

Hi,

I've bought a car, and got an insurance from AllState.

Later, I've got mail from my bank, stating that they don't have any proof of insurance, and

I need to ask my insurance agent to send(fax, mail) them my insurance papers, otherwise they will buy their own insurance.

I called my agent, and asked her to fax them the proof of my insurance. She said that will do it right away. Month later,

I've recieved a statement from my bank, and I saw that they have added around $2,300 for their own insurance!

I called to the bank, and they said that they didn't get the proof (!), so they bought it.

I called my agent and asked where is she faxed needed documents to them last month, and she said ''yes,

I faxed them even twise, but they probably didn't get it, or maybe it's have been lost''.

In same time, my parents had similar problems with the same agent, she also forgot to send some important documents on time, etc.,

and that she was saying that its not her fault, but probably mail problems.

So we figured that she's lying about it, and she just forgot or didn't care to do her job.

Because of her inresposability, and care-less behaviour with her clients,

I have to pay $2,300! I'd like to know where is I can make her pay it off.


Asked on 3/12/02, 5:03 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Inresposability of insurance agent cost be $2,300

I would get all the documents from the bank, and have them double-check. I'd suggest asking your insurance agent to put you in touch with THEIR "E&O" carrier -- that's there to cover the agent's errors and omissions. Tell your agent that the bank points the finger at the agent, the agent points the finger at the bank, and that the agent's E&O carrier should sort it out. At this stage, I wouldn't recommend suing just yet, particlarly if this just happened recently. Send a letter making a claim to the bank as well, and see what happens. My guess is that the agent's E&O carrier will pay you back.

Be sure to check with a lawyer who handles these kinds of claims in your area, to determine what the applicable statute of limitations might be. It's most likely the two-year statute for ordinary negligence, but it COULD be a different one, given that both Insurance and Banking are heavily regulated industries. If you go beyond the time period of the statute, it could be too late after that to make a claim.

Good luck! Let me know if the E&O pays up. I THINK they will.

Sam Hochberg

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Answered on 3/12/02, 5:38 pm


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