Legal Question in Insurance Law in Wisconsin

I am being sued for a personal injury claim

My dog bit my dogsitter while I was on vacation, the court has ruled her an "owner and insured" under our home owners insurance policy, and therefore our insurance company has been excused from this case. However, our insurance agent, who was notified immediatley regarding this incident and several times afterward continually told my husband and I "not to worry" and "of course we'll cover the claim". My question is: Is there any recourse against this gentleman and/or our insurance company for selling us this policy and not being educated in the policy's wording and definitions of "insured" and/or lying to us regarding this policy?


Asked on 4/04/00, 2:17 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: I am being sued for a personal injury claim

Was she a relative? Generally, a clause adding an

additional insured cannot be used by the insurer to

narrow the coverage already afforded by the policy.

Perhaps you should discuss with your lawyer an appeal

of the trial judge's decision favoring the insurer.

And you should also discuss with your attorney the

fact that as an agent of the insurer, it, as his principal,

may be bound by what he said/did/acted/.

Insurance agent malpractice is difficult, but if

you asked for coverage, and he did not provide it,

a case may exist.

Please call me (or have your lawyer call me) if you

would like to discuss this.

by the acts/statements of such "agent."

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Answered on 4/18/00, 7:22 pm


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