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So what did the E&O lawyer say is going to most likely happen here? I would think if you're using a checklist now (and weren't then..) that's going to hurt you. In fact, you may want to take down this whole post...
Merry Christmas - You Have Been Served!
- Thread starter AZDave
- Start date
This is a pretty frustrating thread to read. I am sorry you are going through this. Why should there be a commercial auto policy if the truck is titled in his name? Why would he even imagine there would be a commercial auto policy? He knows he's paying USAA to insure the truck why would he also be paying another company for insurance on the truck? What were you supposed to do, ask if he had a commercial vehicle and then when he said no, have him sign off on that? Other then the 50k does USAA just get to move on, seems to me like they are the ones that dropped the ball here by giving him crap limits. Am I missing something?
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That is confusing to me. Post 1, which has not been edited, says a signed checklist was in his file.
Yeah why isn't USAA and the driver held more accountable. He didn't tell USAA he was using his vehicle for business and they also didn't offer him higher limits. Why GL agent is being dragged is beyond me and shows what's wrong with our legal system
- Thread starter
- #25
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1822 - thought about that after I posted, may very well bite me in the ass and be used against me. Hopefully my experience here will assist other agents, and not the scum bag attorneys.
DJAJ: What were you supposed to do, ask if he had a commercial vehicle and then when he said no, have him sign off on that? Yes.
USAA is not part of this suit, and I agree, they should be.
If I'm on the stand, and they ask about the sales process then compared to today, I will have to say it has changed.
After my chat yesterday with the attorney and being asked about not only the day of application, but each and every note and conversation in the 'file' and the specific details from 7 years ago - all I can say is document, document, document.
DJAJ: What were you supposed to do, ask if he had a commercial vehicle and then when he said no, have him sign off on that? Yes.
USAA is not part of this suit, and I agree, they should be.
If I'm on the stand, and they ask about the sales process then compared to today, I will have to say it has changed.
After my chat yesterday with the attorney and being asked about not only the day of application, but each and every note and conversation in the 'file' and the specific details from 7 years ago - all I can say is document, document, document.
Of course not, why waste time trying to go after a large carrier with resources. Instead lets go after the little guy's E&O that did nothing wrong. Good luck AZDave, hoping this comes out okay for you.
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You saw that post the other day about the doctor in PA and USAA. At least in PA, there is no duty to tell the insured to increase their limits. And USAA has paid out to the limits, time to go fishing for other deep pockets.
Dave, did your conversation with the insured about non-owned precede or follow the accident? If it preceded the accident, then he clearly knew there was a gap in his coverage, shame on him. Even if after, it clearly shows he knew there was a problem and is trying to address it after the fact.
Also the fact that they made the claim from the insured go away should help with the lawsuit from the deceased's family. You had absolutely no duty to him.
- Thread starter
- #28
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^^My insured assigned their rights to sue to the dead party, some type of 'see thru' ability that allows the claimants to sue me directly for errors. The discussion regarding hired and non owned took place literally two days before the accident. Not sure if that helps my case.
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Gotcha, I have heard of that. He assigned his right to sue to them in exchange for being relieved of any personal liability, at least that is typically how I have heard of it.
I personally would think it helps, if he initiated it. He was aware there was an issue, otherwise he wouldn't have called. And even if you initiated it, you made him aware there was an issue.
Of course, I will leave it all up to your attorney, I'm sure it isn't his first time in court over something like this.
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This is the type of thing that has broken my soul over time & why I'm segmenting out of this god forsaken business. I have one right now where an insured (who took our a policy 3 years..) had an unlisted spouse have an accident.
Carrier is looking to deny due to material misrep. We provide signed application & 11 emails over 3 years that NOT ONCE mention her having a spouse (who conveniently has multiple DUI's & a suspending license.)
Carrier sends an SIU guy to interview the producer who wrote it in person...recorded. Unreal.
Carrier is looking to deny due to material misrep. We provide signed application & 11 emails over 3 years that NOT ONCE mention her having a spouse (who conveniently has multiple DUI's & a suspending license.)
Carrier sends an SIU guy to interview the producer who wrote it in person...recorded. Unreal.
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