Agent misconduct

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 4, 2012

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Insurance Question from Plano, TX

Asked on 10/04/2012

Agent misconduct The agency recieved our renewal check for our property in a timely manner on xx/xx/xx date. Several months passed and when we were in process of applying for new mortgage, it was disciovered that our house was not insured. When we questioned the agency, specifically Matt Robinson, we were told and emailed to the effect that our renewal check was deposited, but that 'their fax machine had a problem and the information did not get to the insurance company'. Mr. Robinson's solution was that we sign a release stating that 'there would be no claims during the uninsured time period,' and that they w

Answer given on October 30, 2012

If you made a payment on your homeowner insurance policy and have proof that the check was deposited by your agent, then the agent should be able to show the insurance company that you did pay the premium as required. The fact that the agent had a problem sending the proof of payment to the insurance company should not be an issue for you.However, you should have received a notification from the insurance company that the premium was not paid and that you had a certain amount of time to make the payment. That should have warned you that something had occurred and you should have called the agent at that time. In addition, the agent would have received a similar notice and they should have contacted you about the lack of payment. Unfortunately, the lack of communication between you and the agent has created a bigger problem, but it is ultimately the agent’s responsibility to resolve this with the company. You should send the agent a copy of the cancelled check to facilitate the reinstatement.

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