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

UPDATED: Aug 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 3, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption