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Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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If an insureds policy cancels for non payment, can he sue

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If an insured's policy cancels for non payment, can he sue his agent when a claim arises on a clearly canceld policy
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

To clarify, did the insured actually fail to pay for the policy or was it wrongfully canceled?

Are you asking if the agent is responsible for telling the insured that payment is needed before canceling the policy or something else?
Customer: replied 3 years ago.

The insured failed to pay the policy and it canceled. 3 Notices were sent directly to the insured confirming cancelation. Insured now states he wasn't aware of the cancelation (in 2009) and is being sued for an incident for which he has no coverage. He is looking to sue the agent because his policy canceled.

Hello Dina,

No, no such cause of action could possibly be maintained. (That doesn't mean that it couldn't be filed, but it would be dismissed immediately after a challenge by the agent/defendant, since it would fail to state a cause of action on which relief could be granted).

The insurance agent is not under any duty to keep a policy in place when the insured failed to pay for the policy and it was canceled for nonpayment.

This is completely legitimate reason for canceling the policy, and there would be no possible reason the agent would be at all liable in this situation.

Also, it doesn't matter if the insured was unaware of the cancellation or not, it is the insured's responsibility to maintain insurance, and ensure that the policy is paid for, not the agent's.

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
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