Can I sue my insurance agent for not paying my insurance policy?

I have receipts and ID cards.

Asked on September 26, 2014 under Business Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can: if you paid the agent, but the agent did not in turn pay for the insurance, he/she would either have been professinally negligent (careless) or would have committed a deliberate wrong (like taking or stealing your money). If the latter--if it seems to be theft--you could and should also report the matter to the police. Note that in terms of a lawsuit, you can only recover an amount of money equal to your injury, so if you did not have any uncovered claims, you could likely only recover the money paid for you policy; if you had an uncovered claim, though, you may be able to get any amounts you had to pay out of pocket.

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