Legal Question in Insurance Law in Texas

In Texas our insurance agent for homeowners policy falsified the size of the home is a 24 by 56 mobile home when there is a bigger house here. They are now going to cancel our policy due to not finding a mobile home on the property when they came to look. The agents representative said there will be zero coverage if a claim for disaster was to take place because of the wrong measurements of the house. Can I sue the agent who wrote this policy as I have been a paying customer for 10 years with the same policy and we counted on her to give us the right coverage?


Asked on 2/10/16, 8:02 am

1 Answer from Attorneys
Robert Stephens Stephens & Stephens

The answer is in the details. Was not there an application, and didn't you sign the application making the representation as to the kind of structure? You must get with the agent and get all of his documents and if he does not have them, get them from the insurance company. If you are correct and you made no representation, and there was no insurance coverage from the 1st day, you might have a case. If you made a representation, or if the insurance agent completed the form, but you signed it agreeing to the representation, you may not have a case. Either way, in your wildest dreams do you believe the insurance company will voluntarily refund 10 year's premiums to you? Sure sounds like you need a lawyer.

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Answered on 2/22/16, 10:00 am


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