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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Attorney experienced in insurance law...

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Returning to the question I asked about earlier regarding my insurance company suing me... The year of the incident, my insurance agent apparently kept changing my policy coverage limits from higher to lower without my knowing (the only one I knew about was the last policy coverage change--which was substantially lower from the original limits). Was my insurance company in the right of changing these coverage limits without my acceptance/knowing?

Hi,

Your insurance company cannot simply change the terms of your coverage without providing you with notice and a chance to accept the change. However, if this was being done by your insurance agent, then this would bring about liability on the agent for doing this without your knowledge. You may need to bring your insurance agent into the lawsuit by suing him.

-ZDN
Customer: replied 4 years ago.

My case is unfortunately at appeal. However, my attorney disagreed with me that the agent was responsible and did nothing. Do I still have a chance now to file suit against the insurance agent for this? What should I do in this situation?

If you have an attorney who has been handling the case, then they have a better idea of what the facts of the case are than I could ever have in this forum. If your attorney has advised you that the insurance agent is not at fault, then they must know something about the case that I do not to have reached that conclusion. I would advise you to rely on your attorneys advice in this situation.

However, if you want to get a second opinion, you need to go to a face to face consultation with a different attorney. If the insurance agent should have been added as a party, then your attorney might have committed malpractice. Since the case is in appeal already, it is highly unlikely that you would be able to start a case against the insurance agent at this point because all parties responsible must be sued in the same lawsuit generally.
Customer: replied 4 years ago.

Could I still argue at appeal that my insurance company/agent wrongfully changed these coverage limits without my knowledge?

Arguments at an appeal are limited to the facts which were presented during the trial. New facts or new arguments which were not raised at the trial cannot be introduced at the appellate level.
Customer: replied 4 years ago.

Any chances that I can file a seperate suit against the agent?

The agent should have been added to the current suit, if in fact there is a good claim against him. You stated that your attorney believed that there was a claim against the insurance agent, and I would trust that this is the right assessment. Whether or not there was a claim all depends on the specific facts of the case, which your current attorney knows better than anyone else.

Depending on the specific facts of the case and the reasons for which any liability is found against you in the current lawsuit, you might be able to sue your insurance agent for indemnity. However, a final answer on this issue requires an extensive review of your case by a local attorney.
Hi,

I'm following up with you regarding this question. I see that you have not accepted my answer by rating my service with a positive score. If you don't do this, then I don't get paid by the website for my work . Help me be able to keep providing this type of service to you and other customers by taking a few moments and providing me a positive rating.

I really appreciate it.
ZDN
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