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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111634
Experience:  Attorney experienced in commercial litigation.
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I was in an accident and totalled my leased vehicle. When I

Customer Question

I was in an accident and totalled my leased vehicle. When I called my insurance company to report the claim they informed me I did not have comprehensive or collision coverage. My car was a lease, my lien holder requires such coverage. My insurance company knew the car was leased, knew the VIN number and knew the lien holder of the car. How did no one catch this fault in my coverage. Also, on my declarations page it states under "Lienholder Information" that "We send certain notices such as coverage summaries and cancellation notices." A coverage summary was not received by my lien holder. The insurance company first said they sent it and my lien holder is saying they never got it. When I told the insurance company this they than said that they are not required to send coverage summaries to lien holders, they don't know why my document says that. $25,000 is owed on that car, no dealership will give me a new car until I can provide documentation stating the totaled car is paid off. Shouldn't the insurance company be held responsible for this error?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you were supposed to be covered pursuant to the coverage you signed up for and the insurance company was negligent in providing proper coverage, this would be covered under the agent or agency's error's and omissions insurance coverage. When you signed up for coverage, you relied on them to provide you the coverage required (which in this case was comprehensive and collision as well). So you would have to sue the insurer for negligence pursuant to their errors and omissions and seek the damages from the insurer for failure to provide you the proper coverage. So, yes, the insurer is liable for not providing you the proper coverage required, but you will have to sue them for their negligence.