What to do if our insurance agent cancelled our insurance without our knowledgebut kept billing us for the premiums?

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What to do if our insurance agent cancelled our insurance without our knowledgebut kept billing us for the premiums?

We just found out our insurance agent cancelled our insurance policies on 2 rental properties we own without our knowledge or permission. This was done over 7 years ago and he kept billing us for the premiums. Should we file a lawsuit against the company and the agent?

Asked on August 3, 2011 Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There's a word for what you agent did: theft. He stole from you by taking money from you under false pretenses. You can:

1) Sue the agent personally; anyone who steals from you can be sued for what they stole and for any other losses flowing from that act.

2) Very likely sue the company, since they may be liable for their agent's actions under the theory of respondeat superior. It's certainly worth naming them in a lawsuit.

3) Report the matter to the police--as noted above, theft is a crime.

4) Possibly report the matter to the state agency regulating insurers.

You should consult with an attorney immediately. He or she can guide in the best course of action and get the ball rolling--but understand that based on what you wrote, you do have rights you can enforce. Good luck.


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