Suing State Farm?

[JSM]

quick question. I sometime have my client email me a list of the changes they want done. Is that as good as a signature or should i really get a signature on everything.

 

[xcslx]

Wow, nice to see State Farm step up..... Please let us know what the outcome is!

 

[arnguy]

I'd rather have an experienced lawyer!

 

[Lyn]

Happens all the time, you called to make your premiums cheaper because you were deploying; I would have informed you of the option to suspend your policy and informed you of how your coverage changes. Most people "oh..ok..yeah...yep...do that....ok" then when it works out against them...they get amnesia.

I wish you the best of luck; if that were me I wouldn't suspend anything without an email, letter or signature from you...because when consumers are put into corners they all of a sudden forget...or remember what benefits them.

Let this be a message to all agents...get everything in writing, ask for a simple email, notate the account "advised the insured of the risks associated with making this change, the potential for financial loss, insured acknowledged and requested the change" At least it's time stamped.

Chances are the secretary forgot that consumers don't truely understand the insurance lingo we throw around on the regular and just said "yeah we can suspend the policy it will lower your premiums significantly" Insured said "great"

We have just installed a Voice Over IP phone program that records every single phone call in/out of the office automatically and saves it every day to an external hardrive and 3rd party off-site date backup...and this is EXACTLY WHY. Chances are if this guy pushes it enough, state farm will crumble or his E&O will kick in.

Do you mind sharing approximately what you pay for the VOIP?
- - - - - - - - - - - - - - - - - -

A signed form probably isn't the gating item. Turns out, I bet the carrier sent out a change form that the insured had the right to dispute the change. While I agree, getting the insured to sign something is always best, it's not the agents only defense. There is no doubt the conversation took place. Just the outcome of the conversation is tough to determine.

Where the agent has a problem, is he did the wrong thing for the client if there is a lienholder.

Where the insured has a problem is the undisclosed driver, which will cause a denial anyway (maybe, some strange circumstances here that aren't clear to me). If the brother lives at the garaging address of the truck, then its an undisclosed driver.

To many missing pieces to the story here.

Dan

Dan,

Are the rules different for motor homes? GMAC "parks" my motor home on a phone call when I tell them it is off the road. I do have a lien on it and have never had a problem with my lienholder. Just wondering if a motorhome is different because it is not normally driven except for planned trips.

 

[djs]

I'm not sure what you mean by 'parks'. Usually this means storage, which is different from removing collision coverage. Yes, motorhomes are treated differently in many aspects.

I guarantee you the lienholder will have a problem with it if suddenly they are exposed to a risk that you are contractually required to provide coverage for. In this case, either the change fulfills the requirements OR it simply isn't sent to the lienholder. I know from experience GMAC is a stickler on having coverage.

Dan

 

[Lyn]

I'm not sure what you mean by 'parks'. Usually this means storage, which is different from removing collision coverage. Yes, motorhomes are treated differently in many aspects.

I guarantee you the lienholder will have a problem with it if suddenly they are exposed to a risk that you are contractually required to provide coverage for. In this case, either the change fulfills the requirements OR it simply isn't sent to the lienholder. I know from experience GMAC is a stickler on having coverage.

Dan

Thanks, I'll give them a call tomorrow and make sure I'm covered. I do know that all coverage other than comp is suspended when parked or in storage.

 

[VolAgent]

Well i thought i was getting somewhere. Cathy was very nice and quick to want to help me. I have nothing bad to say about her. But when state farm contacted my lawyer, they told him i was harrasing them, that they dont owe me anything, and to stop calling them. See i dont understand this?!? I still pay them money for insurance on a wreaked truck! They are still my insurance provider and they tell me to stop calling them because im harrasing them? What is this world coming to? I pay a company money for what? what is the point? Most of the agents on this forum are very helpful. but if something doesnt happen soon i will be stuck filing bankruptcy. How can this company allow this to happen? I have been paying them for 2 years on a totaled truck. And they are just going to leave me out to dry when i need them. What ever happend to LIKE A GOOD NEIGHBOR? If this was my neighbor in real life, my doors and windows would have bars on them. If anybody knows anything i can do to prevent from me, a member of the military with a wife and child on one income, who pays 500 dollars a month for a truck and 100 dollars a month for insurance from going bankrupt. PLEASE PLEASE PLEASE HELP ME! It's desperation time.

LIKE A GOOD NEIGHBOR, WE'LL STAB YOU IN THE BACK

Did you follow Dave's advice and contact your JAG office?

You are probably going to have to complain to the DOI and file a suit against the agent and State Farm. You will have to prove he reduced your coverage without your knowledge and permission.

 

[VolAgent]

How could your mother cancel your policy? Did she own the policy, named as able to make changes?

But yes, State Farm is going to string this out as long as possible. They hope you give up and go away or can't afford to continue it any longer. Standard legal tactics in any lawsuit.

 

[VolAgent]

Here is your problem.

State Farm sees this is as a classic "Now that something bad has happened, I didn't really mean to make that change." I'm not saying that is the case, but that is how they see it. Could be something the agent has done to cover his butt, whatever. Until you can change that impression, they are going to drag this out as long as they can until they are forced to trial or you go away.

 

[VolAgent]

I don't think you understand, they see no need to help you out. Have they offered a settlement?

If they thought you might win, or that it was going to be very expensive for them to drag it out, they would have offered you something to go away. If they haven't, they fell very good they will win or you will go away without a settlement.

You could talk to your attorney and see if he'll propse a settlement. They might take it, or they may see it as a sign of weakness and continue to stall.