Text Size:
Decrease fontDecrease font
Enlarge fontEnlarge font
Home > Law Advice > Insurance Law > Sue Insurance Agent Misrepresentation
Insurance Law
  All States       Legal Forms  

Can You Sue Your Insurance Agent For Misrepresentation?

If your insurance company misrepresents their product, you can sue them. However, if your agent misrepresents the product, can you sue them? Generally, the answer is yes if you relied on information that he or she gave to you that resulted in a lack of coverage or no coverage at all. Unfortunately, proving misrepresentation can become a ‘he said / she said’ exercise in futility. The key is to avoid any type of misrepresentation by doing your homework.

Attorney Charles Surrano, a 30 year insurance practitioner from Arizona and member of the Advocate Law Group network, explains that there are two things insurers can do to protect themselves. “[Number one], make sure you’re dealing with a reputable agent. Number two, during the course of your conversations with the agent, ask questions. Do the thing that most policyholders refuse to do, take some time, review the policy, review the declarations page and ask the agent what the terms mean.

Likewise, if the agent is explaining a promise in the policy of a benefit that’s being provided and that representation is more explicit than what is contained in the policy, see if he will reduce it to writing and tell you what the policy means. At a minimum, make your own memorandum at the time of what the agent told you, so that later on, if you go to present a claim against the insurer, and the insurer says ‘That’s not what that provision provides’, you’ll be able to say, ‘You may be claiming that now, but at the time you sold me the policy, this is how it was represented to me. This is what the agent told me it means.’

Shop around for a reputable agent

Shopping around for a reputable agent will give you greater peace of mind. Surrano explained, “In shopping for insurance, it’s just as important to make sure you go to an agent that has a good reputation. You can ascertain that either from talking with people who have purchased insurance or general discourse in the community about what agents or agencies provide better services than others. In the long-run, the agent is the person who puts a face on the insurance company.

Dealing with an honest agent and one who’s forthcoming and knowledgeable will make you feel more comfortable about the insurance product that you’re purchasing –and you’re going to have fewer problems with the insurance company because of it.”


  Next FAQ
Related FAQs




Related FAQs

What Consumers Should Expect When Purchasing Insurance Through An Agent

Can You Sue Your Insurance Agent For Misrepresentation?

Related Information
» General Insurance Law Questions
» Cancellations
» Directors and Officers (D&O) liability insurance
» Employee benefits
» Exclusions and limitations
» Fire Insurance
» Fire Insurance Claim Ebook
» ERISA
» Flood Insurance
» Government regulation
» Insurance claims
» Insurance agents
» Insurance lawsuit
» Insurance marine
» Insurance premiums
» Mortgage/title insurance
» Purpose

Topics Related To Insurance Law
» Insurance Law
» Auto Insurance
» Business Insurance
» Long Term Care
» Disability Insurance
» Health Insurance
» Insurers Bad Faith
» Life Insurance Law
» Property Insurance
» Viaticals
Powered by Attorney Pages
  Find an Attorney    
Topic
       
insurance lawyer


Attorney Pages
Find recommended lawyers by state and city.
AttorneyPages.com

» Ask a question in our legal forum

» Download do-it-yourself legal forms

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you


Resource Links

Free Case Review
Insurance Bad Faith Attorneys
Insurance Law Forum
Insurance Quotes and Information




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us

freeadvice® has been providing millions of consumers with outstanding advice, free, since 1995.
While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our disclaimer and conditions of use.
freeadvice®, AttorneyPages®, ExpertPages®, and LegalSoapbox™ are units or affiliates of Advice Company.
All Rights Reserved © 1995-2008