Agent’s Failure to Disclose Dog Comes Back to Bite Homeowner

[Northeast Agent]

[EXTERNAL LINK] - Agent's Failure to Disclose Dog Comes Back to Bite Homeowner

Providence Mutual Fire Insurance Co. declined to defend Waterbury resident Antonio Laires against the dog bite lawsuit on the grounds that the policy was voided because the misrepresentation regarding the dog was material. Had it known he had a dog, the insurer said it would not have issued the policy.

 

[AZDave]

E and O may not respond here either.

 

[adjusterjack]

I agree with the court's decision on an insured's obligation to be vigilant about his insurance.

As to the agent's culpability, that co go either way.

"insurance agent filled out the application and did not supply him with the entire document."

It's not my intention to start a discussion as to whether the agent was right or wrong in this case. Only to point out that case law differs from state to state with regard to the responsibility of agent vs the responsibility of the insured. Avoid potential E&O claims by being cautious about applications. After all, being right doesn't prevent the lawsuit.

The life insurance industry has the right idea. Put the signed application in the policy and make it part of the contract. (Is it still doing that?) Puts the onus on the insured for the accuracy of the application.

 

[PrivClientSG]

Whether the company would have issued the policy or not can be the key issue. I've seen a case or two, where opposing counsel subpoenaed that information.

 

[AZDave]

True, we don't know the breed of the dog or if the dog was disclosed to the agent.

 

[Jccwell]

I agree with the court's decision on an insured's obligation to be vigilant about his insurance.

As to the agent's culpability, that co go either way.

"insurance agent filled out the application and did not supply him with the entire document."

It's not my intention to start a discussion as to whether the agent was right or wrong in this case. Only to point out that case law differs from state to state with regard to the responsibility of agent vs the responsibility of the insured. Avoid potential E&O claims by being cautious about applications. After all, being right doesn't prevent the lawsuit.

The life insurance industry has the right idea. Put the signed application in the policy and make it part of the contract. (Is it still doing that?) Puts the onus on the insured for the accuracy of the application.

Yes, life insurance policies still include a copy of the signed application.

 

[Al3x Lee]

"insurance agent filled out the application and did not supply him with the entire document."

How does that even happen lol. Did he not have him sign the application?

The life insurance industry has the right idea. Put the signed application in the policy and make it part of the contract. (Is it still doing that?) Puts the onus on the insured for the accuracy of the application.

I like that idea. I also think full forms should be part of every P&C quote. We shouldn't have to request them.

 

[Allen Trent]

boy, that is a ruff, ruff situation for sure.

 

[adjusterjack]

How does that even happen lol. Did he not have him sign the application?

He signed it without reading it.

 

[Al3x Lee]

He signed it without reading it.

Thanks, I suppose actually taking the time to read the article is helpful.