Is it fraud if your agent knows that your garage isn’t going to be covered but doesn’t tell you?

UPDATED: Oct 1, 2022

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Is it fraud if your agent knows that your garage isn’t going to be covered but doesn’t tell you?

We bought our house and our agent told us that an inspection showed that

because our shingles were starting to curl that it would not be covered for

wind or hail. We had to sign a waiver that said we knew this. Fast forward

4 years we had a micro burst go through town and damaged our garage. Our

agent informs us that the same inspection that said our roof was bad, said

our garage was to old to insure. Our agent never said a word to us at the

start that our garage wasn’t covered and conveniently we didn’t have to

sign a waiver on the garage. Can they legally do that? Is there anything

we can do about this?

Asked on July 22, 2018 under Insurance Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What does the insurance policy you purchased or paid for say? If the policy stated that your garage was covered (e.g. no excluded), it is covered; an insurance policy is a contract, and the insurer is obligated to provide the coverage they agreed to provide in the policy. If the policy stated the gargage was not covered, then having accepted that policy, you agreed to the exclusion of coverage. The fact you had a policy supercedes any representations or statements, etc. made previously--your coverage is what you agreed to and paid for, no more and no less. If the garage should be covered but the insurer will not pay, you could sue the insurer for "breach of contract"--violating their policy/contractual obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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