Can I sue my insurance agent for not paying my insurance policy?

UPDATED: Sep 26, 2014

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Can I sue my insurance agent for not paying my insurance policy?

I have receipts and ID cards.

Asked on September 26, 2014 under Business Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can: if you paid the agent, but the agent did not in turn pay for the insurance, he/she would either have been professinally negligent (careless) or would have committed a deliberate wrong (like taking or stealing your money). If the latter--if it seems to be theft--you could and should also report the matter to the police. Note that in terms of a lawsuit, you can only recover an amount of money equal to your injury, so if you did not have any uncovered claims, you could likely only recover the money paid for you policy; if you had an uncovered claim, though, you may be able to get any amounts you had to pay out of pocket.

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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